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2025 DAILYLAW 10503 (JHR)

NITESH KUMAR RAY ALIAS NITESH KUMAR v. THE STATE OF JHARKHAND

B.A./3118/2025 · 2025-04-24

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:12269] IN THE HIGH COURT OF JHARKHAND AT RANCHI BA No. 3118 of 2025 Nitesh Kumar Ray @ Nitesh Kumar, Aged about 24 yerars, Son of Nageshwar Ray, resident of Simarpur, P.S.- Kunda, P.O.- Tapovan and Dist.- Deoghar (Jharkhand) … Petitioner Versus The State of Jharkhand … Opp. party Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Kumar Rishab Anand , Adv. For the State : Mr. Azeemuddin , Addl. PP 02 / 24.04.2025 Heard the parties. The petitioner has been made accused in connection with Deoghar Town P.S. Case No. 6 of 2025 instituted under Sections 103 (1), 238 (c ) and 3(5) of the BNS Act. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner committed murder of Beauty Rana by throttling her neck. It is submitted that the allegation against the petitioner is false. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 17 of the bail application. It is next submitted by learned counsel for the petitioner that the petitioner is ready and willing to co-operate with the trial of the case hence, the petitioner may be admitted on regular bail. Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail and submitted that there is direct allegation against the petitioner of committing the murder of the deceased by throttling her neck, hence, there is every chance of the petitioner absconding and tampering with the evidence, if released on bail. It is therefore submitted that the petitioner ought not be released on bail. Considering the serious nature of allegation against the petitioner as well as the chance of his tampering with the evidence and absconding, if released on bail, this Court is of the considered view that this is not a fit case where the above-named petitioner be released on bail. Accordingly, the prayer for bail of the above-named petitioner is rejected. (ANIL KUMAR CHOUDHARY, J.) Smita/-