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2025 DAILYLAW 34650 (JHR)

TINKU THAKUR v. THE STATE OF JHARKHAND

B.A./3598/2025 · 2025-05-05

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:13532 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3598 of 2025 ------ Tinku Thakur, aged about 27 years, S/o Subhash Thakur, R/o Uper Mandra, Barora, P.O. & P.S. Barora, Dist.-Dhanbad. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Shailesh Kr. Singh, Advocate : Mrs. Rashmi Lal, Advocate For the State : Mrs. Snehlika Bhagat, Addl.P.P ------ Order No.02 Dated- 05-05-2025 Heard the parties. The petitioner has been made accused in connection with Barora P.S. Case No.57 of 2023 corresponding to G.R. Case No.2835 of 2023 registered for the offences punishable under Sections 302 of the Indian Penal Code & Section 27 of the Arms Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed murder of the husband of the informant by firing upon him. It is submitted that the allegation against the petitioner is false. It is next submitted that so far only two witnesses have been examined in the trial, but none of them were eye witnesses to the occurrence. It is next submitted that the petitioner undertakes that he will co- operate with the trial of the case. It is also submitted that the petitioner is involved in five other cases out of which in one case, he has been acquitted. It is lastly submitted that the petitioner has been in custody since 15.09.2023 as is evident from para-01 of the instant bail application. Hence it is submitted that the petitioner be released on bail. Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail and submits that the PW-2 has categorically stated that the petitioner is the person who has fired upon the deceased Dheeraj Rawani - who was son of the PW-2 and the informant is also the eye witness to the occurrence, hence, there is every chance of the petitioner absconding or tampering with 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 of committing murder of deceased Dheeraj Rawani and the chance of the petitioner absconding or tampering with evidence, if released on bail, this Court is not inclined to admit the petitioner on bail. Accordingly, the prayer for bail of the above-named petitioner is rejected. (Anil Kumar Choudhary, J.) Abhiraj/