Amar Thakur And Ors vs State of Jharkhand

Learned counsel for the petitioners has submitted that there are defect(s) being 9(i) to 9(iii) in the instant bail application, as pointed out by the Stamp

reporting dated 07.07.2020, but he has given an undertaking that he shall remove the defect(s) after the lockdown period is over and the bail

application may be heard as it is a regular bail and the petitioners have been remanded in this case on 06.03.2020.

Considering the same, this Court is inclined to hear the bail application on its merits, but with condition that petitioners shall remove the defect within

30 days after the lockdown period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order within 30 days after the lockdown period is over so as to remove the

defect(s).

Heard learned counsel appearing for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners, who are accused for offence under Sections 307/386/34 of the Indian Penal Code and Section 17 of C.L.A. Act, pray for regular bail

in connection with Senha P.S. Case No.94 of 2019.

Learned counsel for the petitioners has submitted that the petitioners are not named in the FIR nor any incriminating article has been recovered nor

the petitioners have been put in TIP and only on the basis of the confessional statement of petitioners, they have been made accused in this case

though the petitioners have no criminal antecedent and they are in custody since 06.03.2020, as such, the petitioners may also be enlarged on regular

bail.

Learned counsel for the State has opposed the prayer for regular bail and has submitted that memo of evidence has not been received by her, as such,

sometime may be granted.

Considering the rival submissions of the parties and that the petitioners are not named in the FIR nor any incriminating article has been recovered nor

the petitioners have been put in TIP, as such, the petitioner Nos.1 & 2 [Amar Thakur & Rajkumar Thakur], are directed to be released on regular bail,

on furnishing bail bonds of Rs.20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional

Judicial Magistrate, Lohardaga, in connection with Senha P.S. Case No.94 of 2019, subject to the following conditions :-

(i) One of the bailors shall be deponent of the present petition, namely, Ajij Ansari, S/o Samsudin Ansari, R/o Village- Udrangi, Amba Toli, P.O. &

P.S. Bhandra, District- Lohardaga, having , UID NO.7995 6001 3214.

Office is directed to send a copy of this order along with photocopy of the UID Card bearing No. 7995 6001 3214. of deponent to the court below so

as to verify the authenticity of the bailor/deponent.

(ii) Another bailor shall be close relatives of the petitioners i.e. father/mother/brother/wife etc.

(iii) The Jail Authority shall release the petitioners only after their medical check-up.

(iv) The Civil Surgeon, Lohardaga is directed to medically examine the petitioners at the time of their release and if requires, petitioners shall be taken

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

(v) Petitioners shall appear before the learned trial court on each and every date fixed for their appearance, failing which, the trial court shall cancel

the bail bonds of the petitioners.

(vi) Petitioners shall also comply with all the guidelines issued by the Government so as to meet the challenges of Covid-19, as the country is passing

through Pandemic of Covid-19.