Ashok Kumar Rai vs State of Jharkhand

The lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 11.00 A.M. They have no

complaint in respect to the audio and video clarity and quality.

Heard learned counsel appearing for the petitioner and the learned counsel for the State, who opposes the prayer for bail of the petitioner.

The petitioner is an accused for allegedly committing offence punishable under Sections 302, 307, 120(B)/34 of the Indian Penal Code and Section 27

of the Arms Act.

Petitioner is in custody since 14.05.2018. His prayer for bail was earlier rejected by this Court on the ground that the he was an absconder. Now, the

petitioner has renewed his prayer for bail on the ground of custody.

Counsel for the petitioner submits that now, the informant, who is also an eyewitness to the occurrence, has already been examined in this case. The

brother of the informant was shot dead. He, in his cross- examination, has stated that this petitioner did not take part in the occurrence and he was

merely present at the place of occurrence to attend a get together party. He also stated that the deceased had no dispute or differences with this

petitioner.

Taking into consideration the aforesaid submission, I am inclined to enlarge the petitioner on bail. Accordingly, petitioner, named above, is directed to

be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of

Additional Sessions Judge-III, Hazaribagh in connection with Giddi P.S. Case No. 31 of 2001 [G.R. No. 1442/2001, S.T. No. 263(A) /2017], subject to

the following conditions:

(i) One of the bailers should be his close relative having sufficient landed property in his own name within the State of Jharkhand.

(ii) The petitioner will not change his residential address without permission of the Court and will submit a proof of his residential address at the time of

furnishing bail bonds.

(iii) The petitioner will appear virtually or physically before the trial court once in a month and shall mark his attendance till completion of the trial. If

he fails to appear in any particular month, his bail bonds shall stand cancelled and all coercive steps shall be taken by the court below for his arrest.

Further, I direct the Jail Authority that before releasing the petitioner from jail, the Jail Authority should get the petitioner tested for COVID-19. If the

report is positive, then the District Administration will immediately take steps to isolate the petitioner and get him treated in the COVID Center by

following all the protocols.

This direction is given in the larger public interest and it should not be construed as a condition of bail With the aforesaid conditions, this application

stands allowed.