- (1.) Leave granted.
(2.) The appellant herein, moved an application for bail before the High Court of Jharkhand and at that point of time the police had filed a final report u/s. 174 of the Criminal Procedure Code alleging that offences under Ss. 304-A and 498-A were made out and the High Court declined to grant bail and in that impugned order passed by the High Court, the following observation was made in the last paragraph: "From the materials which have come on record, it clearly indicates that torture was being committed and this is not a case u/s. 304-A of the Indian Penal Code; rather it is a case u/s. 302 of the Indian Penal Code. In that view of the matter, I am not inclined to enlarge the petitioner on bail and his prayer for bail is rejected." The appellant has filed this appeal against the observations of the High Court and for granting bail to him.
(3.) We have heard the learned Senior Counsel for the appellant and the learned Senior Counsel for the de facto complainant and also the counsel appearing for the State.;