IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3845 of 2011 Rakesh Bhagti @ Rakesh Ansari @ Rakesh Bakti ...... Petitioner -Versus- The State of Jharkhand ....... Opposite Party. ------ CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI ------ For the Petitioner : Mr. S.S. Choudhary, Advocate For the State : A.P.P. ------ 6/19.08.2011
: The petitioner is an accused in the case registered under Sections
341/323/354/379/307 and 376 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner submitted that
though the same prayer was earlier rejected, he has remained in custody
for more than a year; petitioner has been falsely implicated in this case
which will be clear from the date mentioned in the FIR; Section 376 IPC
was added after about 20 days of lodging the FIR; there is no cogent
material on record; petitioner is a local permanent resident; there is no
chance of his absconding.
Learned A.P.P. opposed the petitioner’s prayer for bail and
submitted that there is clear allegation against the petitioner constituting
the said offence; the petitioner’s prayer for bail was earlier rejected on merit
and no fresh ground has been made out for re-consideration of the prayer
except that he has remained in custody for some more period; he further
submitted that the trial is in progress and it is at evidence stage; the
informant has already been examined in this case and the trial is in
Regard being had to the nature of allegation and stage of the trial, I
am not inclined to release the petitioner on bail.
Petitioner’s prayer for bail is rejected. However, since the petitioner
is in custody, his trial shall be expedited.
If the petitioner’s trial is not concluded by 31st January, 2012, the
petitioner shall be at liberty to renew his prayer for bail.
(Narendra Nath Tiwari, J.)