Ashu Mahato vs State of Jharkhand And Ors

Heard, learned counsel for the petitioner, Mr. Shekhar Prasad Sinha.

Learned counsel for the petitioner has submitted that defect no. 9 (i), as per Stamp Reporting dated 06.07.2020, has 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 Rajganj P.S. Case No.

45/2019 for the offence registered under Sections 467, 468, 471, 420, 504, 506 I.P.C.

Learned counsel for the petitioner has submitted that the land of the petitioner and the informant was acquired by the State for which compensation

amount has been received. The dispute is with regard to apportionment of compensation amount between the brother. The petitioner has earlier

moved before this Court for grant of anticipatory bail in A.B.A. No. 7221/2019, which was allowed by the Coordinate Bench of this Court vide order

dated 12.02.2020 with a direction to the petitioner to pay a sum of Rs. 1 lac by way of demand draft in favour of the informant within two months, but

the petitioner has failed to deposit the same, as he has gone out of station to earn money and because of lock down due to Covid-19, the amount could

not be deposited within the stipulated time. However, the said amount was subsequently transferred in the account of the informant i.e. A/C No.

32500743064 on 16.06.2020.

Learned counsel for the petitioner has submitted that petitioner is in custody since 28.05.2020, as such, petitioner may be enlarged on bail.

Learned counsel for the State has opposed the prayer for bail, but has not disputed that the petitioner was earlier granted anticipatory bail on some

conditions by a Coordinate Bench of this Court, which has now been complied.

Considering such submission that petitioner was enlarged on anticipatory bail on some condition, which has been complied by the petitioner before

filing regular bail, 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 Rajganj P.S. Case No. 45/2019 to the satisfaction of learned Judicial Magistrate, 1st Class, Dhanbad on the

following conditions:

(i) One of the bailors shall be the deponent / parivikar of the present case namely, Rajesh Kumar, son of Badan Saw, resident of Kankomath, P.O. -

Kankomath, P.S. - Katras, District - Dhanbad, who has furnished photocopy of his UID Card bearing number is 9524 1842 5639 before this Court in

the bail application.

Office is directed to send the photocopy of UID Card bearing no. 9524 1842 5639 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) The Jail Authority shall release the petitioner only after his medical check-up.

(iv) The Civil Surgeon, Dhanbad 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.

(v) 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.