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2025 DAILYLAW 19192 (JHR)

SHEKH MERAJ ALLIAS SHAIKH MERAJ v. THE STATE OF JHARKHAND

B.A./6115/2025 · 2025-07-21

Anil Kumar Choudhary

Civil Appealbody2025

Judgment text

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[2025:JHHC:19952] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6115 of 2025 ------ Shekh Meraj @ Sheikh Meraj, aged about 67 years, son of Seraj Miyan, resident of Village- Gajwa, P.O.- Bichkila, P.S.- Pratappur, District- Chatra, Jharkhand .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Md. Sheyakur Rahman, Advocate Md. Wazid Ali, Advocate For the State : Mrs. Mohua Palit, Addl.P.P ------ Order No.02 Dated-21-07-2025 Heard the parties. The petitioner has been made accused in connection with Pratappur P.S. Case No.07 of 2018 corresponding to M.C.A. No.1002 of 2025 arising out of S.T. Case no.259 of 2024 registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27/35 of the Arms Act. 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 murder of Chandrika Prasad Yadav. It is next submitted that the allegation against the petitioner is false. It is then submitted that the main allegation is upon Janardan Paswan and only the petitioner caught hold of the deceased while Janardan Paswan fired upon the deceased. It is then submitted that the co-accused persons have already been admitted to bail way back in the year 2019 & 2020 but the petitioner has been in custody since 23.05.2025 as is evident from para-1 of the instant bail application. It is then submitted that the petitioner has no criminal antecedent as mentioned in para-17 of the instant bail application. It is lastly submitted that the petitioner is ready and willing to cooperate with the trial of the case. Hence, it is submitted that the petitioner be released on bail. Learned Addl.P.P. appearing for the State on the other hand opposes the prayer for bail of the petitioner and submits that keeping in view the serious nature of allegation against the petitioner of committing murder of Chandrika Prasad Yadav in furtherance of common intention with the co- accused persons and also as the petitioner was absconding for about seven years before being apprehended, there is every chance of the petitioner absconding, 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 petitioner and the fact that he was absconding for a considerable period of time, as the charge-sheet has been submitted against him on 11.02.2020 showing him an absconder but the petitioner was arrested only on 23.05.2025, as well as the chance of his absconding, if released on bail, this Court is not inclined to admit the above named petitioner to bail. Accordingly, the prayer for bail of the above named petitioner is rejected. (Anil Kumar Choudhary, J.) Saroj/