Anil Chakrobarty vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. A.K. Choudhary. Learned counsel for the petitioner has submitted that defect nos. 9 (i) & (ii), as per Stamp Reporting dated 25.08.2020, have not been removed, which he undertakes to remove within 30 days after the physical court starts and the bail application may be heard, as it is a regular bail application of the petitioner and petitioner is in custody since 26.05.2020.

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 physical court starts.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the physical court starts 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 Kunda P.S. Case No. 60/2020 for the offence registered under Sections 188/269/270/34 of I.P.C. and Sections 25(1-b)a/26/35 of Arms Act as police on chase seized a Hyundai i20 Car and arrested two persons and from possession of the petitioner a magazine with live cartridge has been recovered and one country made pistol was recovered from Hyundai Car.

Learned counsel for the petitioner, Mr. A.K. Choudhary has submitted that seizure list has been signed by the petitioner under duress, rather petitioner has no criminal antecedent. Petitioner is a car mechanic and he has no knowledge that in the car, owner has kept a pistol, as such, petitioner may be enlarged on bail.

Learned counsel for the State, Mr. Manoj Kumar Mishra, Additional Public Prosecutor has opposed the prayer for bail and has submitted that from possession of petitioner a magazine with live cartridge has been recovered, as such, petitioner may not be enlarged on bail.

Considering the rival submissions of learned counsel for the parties that petitioner is the car mechanic and owner was fled away and also from the possession of the petitioner, a magazine with live cartridge has been recovered, but no pistol has been recovered, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each in connection with Kunda P.S. Case No. 60/2020 to the satisfaction of learned Judicial Magistrate, Deoghar on the following conditions:

(i) One of the bailors shall be the deponent / parivikar of the present case namely, Manoj Chakravarti, son of Gopal Chakravarti, resident of House No. 26, Ward No. 33, Hathgarh, P.O. & P.S. - Kunda, District - Deoghar, who has furnished his photocopy of UID Card bearing number 4579 6558 4576 before this Court in the bail application.

Office is directed to send the photocopy of UID Card bearing no. 4579 6558 4576 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 report before the Officer-in-Charge, Kunda Police Station at 11.00 A.M. on first Monday of each English calendar month till conclusion of the trial.

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

(v) The Civil Surgeon, Deoghar 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.