Shivnath Bhuiyan v. The State of Jharkhand

-------- CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND ------ : Mr. Sheo Kumar Singh, Advocate : Mrs. Amrita Kumari, A.P.P. For the Petitioner For the State -------- 04/19.05.2023 Heard learned counsel for the applicant and learned A.P.P. for the State.

This second bail application has been filed on behalf of the abovenamed applicant with prayer to release on bail in connection with Ramgarh P.S. Case No.40 of 2021, corresponding to G.R. Case No.118 of 2022(S.T. No. 52 of 2022) registered under Section 376 of the Indian Penal Code pending in the court of learned Additional Sessions Judge-V, Palamau.

Learned counsel for the applicant has submitted that earlier the bail application of the applicant was rejected vide order dated 07.04.2022 in B.A. No. 2281 of 2022. After rejection of the first bail application of the applicant, the trial has commenced and two witnesses have already been examined and their depositions have been appended with bail application. Both the witnesses have not supported the prosecution case.

Learned A.P.P. appearing for the State has vehemently opposed the contentions made by the learned counsel for the applicant.

The first application of the applicant was rejected in B.A. No. 2281 of 2022, vide order dated 07.04.2022 on merits. After rejection of first bail application of the applicant, if during trial, those witnesses, who were examined before the trial court have not supported the prosecution case the same cannot be taken a ground for the second bail application, as their testimony cannot be evaluated at the time of disposal of the second bail application.

Accordingly, the second bail application of the applicant is hereby rejected. RKM (Subhash Chand, J.)