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2025 DAILYLAW 16162 (JHR)

RITIK KASHYAP v. THE STATE OF JHARKHAND

A.B.A./3158/2025 · 2025-07-10

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:18970 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3158 of 2025 ------ Ritik Kashyap, S/o Arvind Gupta. … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. S. Hamidul Haqe, Advocate Md. Imtiaz Khan, Advocate For the State : Mr. Vijoy Kumar Sinha, A.P.P. Mr. Devesh Ajmani, Advocate ----- 03/ 10.07.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest in connection with Dhansar P.S. Case No.69 of 2025, for offences under Sections 190, 191(2), 115(2), 126(2), 117(2), 109(1) and 303(2) of the Bharatiya Nyaya Sanhita, 2023. The case is presently pending before the Court of learned J.M. 1st Class, Dhanbad. 3. Learned counsel representing the petitioner submits that the petitioner has got no criminal antecedent and he has not even been named in the F.I.R. He submits that the petitioner is of a good moral character. 4. Learned A.P.P. representing the State and learned counsel representing the informant vehemently oppose the prayer for anticipatory bail and submits that two groups were fighting amongst each other and the victim was video graphing the same in his mobile phone, when the petitioner and others came and mercilessly assaulted him, as a result of which, the victim sustained 2025:JHHC:18970 2 grievous injuries and later on he had to be admitted in ICU and he was in an unconscious state because of the head injury. 5. Since there is allegation against the petitioner of inflicting grievous assault, though the petitioner has not been named but his involvement needs to be investigated, if necessary, to be put on Test Identification Parade before the victim. 6. Considering the aforesaid fact and also the injury which is head injury, as there is depressed fracture of right parietal bone and swelling on the right temporal region, which is grievous, I am not inclined to grant anticipatory bail to this petitioner. 7. Accordingly, this Anticipatory Bail Application stands dismissed. (ANANDA SEN, J.) Prashant. Cp-3