Amit Nishad @ Amit Kumar Nishad vs State Of Jharkhand

Kailash Prasad Deo, J

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

The petitioner has renewed his prayer for bail in connection with Chatra Sadar P.S. Case No.22 of 2020 corresponding to G.R. No.244 of 2020 for

offence registered under Sections 307, 342, 324 & 506 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that prayer for bail of this petitioner was earlier rejected by this Court vide order dated 28.09.2020

passed in B.A. No.7146 of 2020 and liberty was given to the petitioner to renew his prayer for bail before the learned trial court after one year of his

custody.

Learned counsel for the petitioner has further submitted that petitioner is in custody since 01/02.02.2020 and has renewed his prayer for bail, the

impugned order dated 22.02.2021 on the ground that charge-sheet has been submitted against the accused/petitioner and the cognizance has been

taken by the learned trial court. The witnesses examined during investigation as per Paras 05 to 09, 13 and 29 have fully supported the case of the

prosecution.

Learned counsel for the petitioner has thus, submitted that the petitioner has remained in custody for more than one year, but till date charge has not

been framed. As such, in view of the earlier observation made by this Court, the petitioner may be enlarged on bail on any condition.

Learned counsel for the State while opposing the prayer for regular bail has fairly submitted that there was observation in favour of the petitioner by

this Court.

Considering the rival submissions of the parties and looking into the facts and circumstances of the case and considering the period of custody of the

petitioner i.e. 01/02.02.2020, this Court is inclined to enlarge the petitioner on bail.

Accordingly, the petitioner above-named, is directed to be released on regular bail, on furnishing bail bonds of Rs.20,000/- (twenty thousand) with two

sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chatra, in connection with Chatra Sadar P.S. Case No.22 of

2020 corresponding to G.R. No.244 of 2020, subject to the following conditions :-

(i) One of the bailors shall be deponent of the present petition/mother of the petitioner, namely, Sabita Devi, W/o Krishna Nishad, R/o Line Mohalla

Devi Mandap Chowk, P.O.- Chatra, P.S. Sadar, District-Chatra.

Office is directed to send photocopy of the UID Card of deponent along with a copy of this order to the court below so as to verify the authenticity of

the bailor/deponent.

(ii) Another bailor shall be close relative(s) of the petitioner.

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

(iv) The Civil Surgeon, Chatra, is directed to medically examine the petitioner at the time of his release and if it requires, petitioner shall be taken for

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

(v) Petitioner shall appear before the learned trial court on each and every date till conclusion of the trial, failing which, the trial court is at liberty to

cancel the bail bonds of the petitioner.

(vi) Petitioner 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.