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2025 DAILYLAW 28299 (JHR)

NITESH KUMAR ALIAS NITESH YADAV v. THE STATE OF JHARKHAND

B.A./9656/2024 · 2025-01-14

Rajesh Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.9656 of 2024 ---- Nitesh Kumar @ Nitesh Yadav aged about 21 years, S/o Bhimsen Mahto @ Bibhishan Mahto, Resident of Village – Hatwari, P.O. + P.S. – Mohanpur, District-Deoghar (Jharkhand) …. …. Petitioner(s)/Applicant(s) Versus The State of Jharkhand …. …. Opposite Party ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner(s)/Applicant(s) : Mr. S.P. Roy, Adv. For the State : Mrs. Shweta Singh, A.P.P. ---- 03/Dated: 14th January, 2025 1. Heard learned counsel for the applicant and learned counsel for the State. 2. The applicant who is in custody since 27.03.2023 has renewed his prayer for grant of regular bail in connection with Jarmundi P.S. Case No.04 of 2023 corresponding to Sessions Trial No.149 of 2023, registered for the offence under Section 363 of the Indian Penal Code later on Sections 365, 195(A) and 201 of the IPC and Section 11 of the POCSO Act has been added but charge has been framed under Section 364, 201, 302 and 195(A) and 34 of the IPC, pending in the court of learned Additional Sessions Judge-IV, Dumka. 3. It appears that earlier the prayer for bail of the applicant has already been rejected on merit vide order dated 28.02.2024 in B.A. No.9519 of 2023. 4. It has been submitted by the learned counsel for the applicant(s) that complete set of FIR along with its enclosure have been annexed with this bail application and there is no suppression on his/her part. 5. Innocence has been claimed by the learned counsel for the applicant and undertaking has been given for participation in the trial. On the above basis, prayer for bail has been made. 6. Learned counsel for the State has opposed the prayer for bail. 7. From perusal of the report which has been called for vide order date 29.11.2024, it appears that out of eight charge-sheeted witnesses, four witnesses have already been examined till date. 8. Considering the above facts, I am not inclined to enlarge the applicant on bail. Accordingly, the prayer for bail of the applicant stands rejected once again. 9. However, the applicant is at liberty to renew his prayer for bail if the trial is not concluded within six months from today. (Rajesh Kumar, J.) Amar/- Uploaded