Jharkhand High Court
Md. Avesh Ansari @ Avais Ansari vs The State Of Jharkhand ... ... Opposite ... on 28 January, 2022
Author: Ambuj Nath
Bench: Ambuj Nath
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 9262 of 2021
Md. Avesh Ansari @ Avais Ansari ... ... Petitioner
- Versus -
The State of Jharkhand ... ... Opposite Party
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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH
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For Petitioner : Mr. Rahul Pandey, Advocate
For the State : Mr. B. N. Ojha, A.P.P
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The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.
04/28.01.2022 Heard the Parties.
Petitioner has been made an accused in connection with Bariatu P.S. Case No. 94/2019, registered under Sections 302, 120B/34 of the Indian Penal Code, pending in the Court of Shri M. K. Singh learned J.M.F.C, Ranchi.
It appears that Sushil Kumar Das, son of the informant worked as a labourer in Hitech Construction Pvt Limited, which was constructing library in RIMS, Ranchi. It is alleged that on the date of occurrence Sushil Kumar Das fell from the roof of under construction building and died. It has been alleged that the petitioner and co-accused had pushed the deceased due to which he succumbed to his injuries. There is no eye witness to the occurrence. Some of the witnesses have stated that prior to the occurrence, there was quarrel between the deceased and this petitioner as the deceased had worn shirt of this petitioner Police wanted the petitioner to undergo Narco analysis test but he refused.
It was submitted that as per the principle laid down by the Hon'ble Supreme Court in (2010) Supreme Court Cases 263, refusal to undergo Narco analysis test cannot be taken against accused.
Apart from suspicion there is no other cogent material against the petitioner on record.
Regard being had to the facts and circumstance of the case, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand only) with two sureties of the like amount each to the satisfaction of Shri M. K. Singh learned J.M.F.C, Ranchi or his successor in connection with Bariatu P.S. Case No. 94/2019.
(Ambuj Nath, J.) Saurabh