Ajay Yadav vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. A.K. Chaturvedi. Learned counsel for the petitioner has submitted that defect nos. 9(i) to 9(iii), as per

Stamp Reporting dated 13.07.2020, have not been removed, which he undertakes to remove within 30 days after the lock down period is over and the

bail application may be heard, as it is a regular bail application of the petitioner.

Considering the same, this Court is inclined to hear the instant bail application on merits, but with condition that petitioner shall remove the defect(s)

within 30 days after the lock down period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the lock down period is over so as to remove the defect(s).

Learned counsel for the petitioner has submitted that the petitioner has prayed for grant of regular bail in connection with Baresar P.S. Case No.

04/2019, for the offence registered under Sections 147, 148, 149, 457, 380, 323, 325, 307, 435, 504, 506 I.P.C. and Section 17 of C.L.A. Act.

Learned counsel for the petitioner has submitted that F.I.R. has been lodged against unknown and petitioner was arrested on suspicion as he was

moving near the place of occurrence on the alleged date of occurrence, but no legal material has been collected by the Investigating Officer and he is

in custody since 13.03.2020.

Learned counsel for the petitioner has submitted that petitioner has not been put on test identification parade and he has been falsely implicated in this

case, as the police has some doubt that brother-in-law of this petitioner, Manish Yadav has some relation with member of extremists.

Learned counsel for the petitioner has submitted that petitioner may be enlarged on bail on any condition.

Learned counsel for the State, Mr. P.D. Agrawal, Special Public Prosecutor has opposed the prayer for bail and has submitted that as per the

impugned order the previous character of the accused petitioner is suspected and previously militant demanded levy from the informant, as such,

petitioner may not be enlarged on bail.

Considering the rival submissions of the parties, since there is no legal material brought on record by the police nor anything has been recovered nor

test identification parade of petitioner has been conducted, only on the basis of previous character of the accused petitioner is suspected, petitioner

cannot be denied bail.

Accordingly, petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of

the like amount each in connection with Baresar P.S. Case No. 04/2019 to the satisfaction of learned Judicial Magistrate, 1st Class, Latehar on the

following conditions:

(i) One of the bailors shall be the deponent / parivikar of the present case namely, Rajendra Yadav, son of Ranu Yadav, resident of Village - Dauna

Durup, P.O. & P.S.-Netarhat, District - Latehar, who has furnished photocopy of his UID Card bearing number 4400 9397 0864 before this Court in

the bail application.

Office is directed to send the photocopy of UID Card bearing no. 4400 9397 0864 of deponent alongwith this order to the court below so as to verify

the authenticity of the bailor.

(ii) Another bailor shall be close relative of the petitioner i.e. father / mother / son / wife / brother.

(iii) Petitioner shall appear before the learned trial court on each and every date till conclusion of the trial, failing which the trial court shall cancel the

bail bonds of the petitioner.

(iv) The Jail Authority shall release the petitioner only after his medical check-up.

(v) The Civil Surgeon, Latehar is directed to medically examine the petitioner at the time of his release and if he is infected with corona virus, he shall

be taken for quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(vi) The petitioner shall follow all the guidelines issued by the Government to meet the challenges of Covid-19, as presently Country is passing through

pandemic of Covid-19.

Accordingly, the instant bail application is allowed.