Dashrath Yadav @ Ajad vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Pradeep Kr. Prasad. Learned counsel for the petitioner has submitted that defect nos. 6, 9 (i) to (iv), as

per Stamp Reporting dated 06.07.2020, have 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 Keredari P.S. Case No.

94/2016 corresponding to G.R. No. 3418/2016 subsequent S.T. No. 16/2020 for the offence registered under Sections 147, 148, 149, 341, 307, 385, 387

I.P.C., Section 27 Arms Act and Section 17 C.L.A. Act.

Learned counsel for the petitioner has submitted that on the basis of self-statement of the police, F.I.R. has been lodged showing encounter with the

Naxal. The police came to know the name of the petitioner as while fleeing away the accused persons are taking name of each other, as such, the

name of the petitioner along with Sorenji @ Rahul Ganjhu and Basant Ganjhu @ Purusottam Ganjhu figured in this case.

Learned counsel for the petitioner has submitted that the petitioner is in custody since 14.10.2019 and charge has already been framed on 27.01.2020

and co-accused Basant Ganjhu @ Purusottam Ganjhu has been granted bail by Coordinate Bench of this Court vide order dated 18.07.2018 passed in

B.A. No. 4127/2018 and co-accused Sorenji @ Rahul Ganjhu has also been granted bail by Coordinate Bench of this Court vide order dated

18.03.2020 passed in B.A. No. 2166/2020.

Learned counsel for the petitioner has thus submitted that petitioner may also be enlarged on bail, as similarly situated accused persons have been

enlarged on bail.

Learned counsel for the State, Mr. Someshwar Roy, Additional Public Prosecutor has opposed the prayer for bail and has submitted that this petitioner

was absconder, as such he may not be given privilege that was given to the other co-accused persons, who have been enlarged on bail.

Considering the rival submissions of the parties, since the other co-accused persons have been granted bail by Coordinate Bench of this Court, the

petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like

amount each in connection with Keredari P.S. Case No. 94/2016 corresponding to G.R. No. 3418/2016, subsequent S.T. No. 16/2020 to the

satisfaction of learned Additional District Judge-IX, Hazaribagh on the following conditions:

(i) One of the bailors shall be the deponent / parivikar of the present case namely, Nagina Devi, wife of Dasrath Yadav, resident of Kusumbha, P.O.

& P.S. - Sultana, District - Hazaribagh, who has furnished photocopy of her UID Card bearing number 6697 1121 1088 before this Court in the bail

application.

Office is directed to send the photocopy of UID Card bearing no. 6697 1121 1088 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 appear before the learned trial court on each and every date till conclusion of the trial, failing which the trial court shall cancel the

bail bonds of the petitioner.

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

(v) The Civil Surgeon, Hazaribagh 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.