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2025 DAILYLAW 11264 (JHR)

DEEPAK YADAV ALIAS DEEPAK KUMAR YADAV ALIAS DEEPAK KUMAR v. THE STATE OF JHARKHAND

B.A./3720/2025 · 2025-05-06

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:13665] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3720 of 2025 ------ Deepak Yadav @ Deepak Kumar Yadav @ Deepak Kumar S/o- Sri Mohan Yadav age about 25 years, resident of village- Dibha Muhalla, P.O. & P.S.- Chatra & Sadar, District- Chatra, State- Jharkhand. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Vijay Kr. Sharma, Advocate For the State : Mr. Shree Prakash Jha, Addl.P.P For the Informant : Mr. Vikram Singh, Advocate ------ Order No.02 Dated-06-05-2025 Heard the parties. The petitioner has been made accused in connection with Chatra Sadar P.S. Case No.29 of 2023 in S.T. No.61 of 2025 registered for the offence punishable under Section 302, 201, 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons has committed the murder of Prakash Kumar Yadav by brutally assaulting him resulting in his death. It is next submitted that the allegation against the petitioner is false. It is then submitted that the petitioner has been in custody since 08.01.2025 as mentioned in para-1 of the instant bail application. It is then submitted that there is no independent witness in the case. It is also submitted that due to village politics, the petitioner has been implicated in this case. It is then submitted that the petitioner has no criminal antecedent as mentioned is para-12 of the instant bail application. It is then submitted that some of the co-accused, with similar allegations, have already been admitted to bail by a Co-ordinate Bench of this Court vide order dated 17.07.2023 passed in B.A. No.4791 of 2023 and the order dated 16.10.2023 passed in B.A. No.7844 of 2023. Hence, it is submitted that the petitioner be released on bail. Learned Addl.P.P. appearing for the State and the learned counsel for the informant on the other hand oppose the prayer for bail of the petitioner and submits that there is direct allegation against the petitioner of being involved in brutally committing murder of Prakash Kumar Yadav. It is next submitted that the bail applications of the co-accused Pravin Kumar @ Praveen Kumar Yadav and Bimal Yadav @ Vimal Yadav have been rejected by a Co-ordinate Bench of this Court vide order dated 09.08.2024 passed in B.A. No.5712 of 2024 and the order dated 23.08.2023 passed in B.A. No.5476 of 2023. It is next submitted that there is every chance of petitioner absconding and tampering with the evidence, if released on bail. Hence, it is submitted that the petitioner ought not to be released on bail. Considering the serious nature of allegation against the above named petitioner and chance of his absconding and tampering with the evidence, if released on bail, this Court is not inclined to admit the bail of the above named petitioner. Accordingly, the prayer for bail of the above named petitioner is rejected. (Anil Kumar Choudhary, J.) Saroj/