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Judgment
7 paragraphs · 400 wordsHeard the parties through video conferencing.
Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has been made accused in connection with Koderma P.S. Case No. 113 of 2020, corresponding to G.R. No.06 of 2021 registered under sections 379, 413, 414 of the Indian Penal Code and Section 54 of JMMC Rule, 2004 and Section 13 of Jharkhand (Prevention of Illegal Mining Storage and Transportation) Rules, 2017 and Section 3(a)(b) of Explosive Substance Act 1908 and under Section 26, 33, 42 of I.F. Act, 1927 and Section 51 of Wild Life (Protection) Act, 1972 and cognizance has been taken under Section 379, 413, 414, 120B of I.P.C. and section 54 of JMMC Rules, 2004 and Section 13 of Jharkhand (Prevention of Illegal Mining Storage & Transport) Rules 2017 and Section 3 (a)(b) of Explosive Substance Act 1908 and section 26, 33, 42 of I.F. Act and Section 51 of Wild Life (Protection) Act, 1972.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed theft of stone from the forest area by using Poclain, JCB machine & compressor-cum- Drill Machine. It is submitted that the allegation against the petitioner is false. It is also submitted that the co-accused, with similar allegation, has been admitted to bail by this Court vide order dated 25.01.2021 passed in B.A. No. 11732 of 2020. It is then submitted that the petitioner undertakes to co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 12.12.2020 as mentioned in paragraph 11 of the bail application. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. opposes the prayer for bail.
Considering the facts of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Koderma in connection with Koderma P.S. Case No. 113 of 2020, corresponding to G.R. No.06 of 2021 with the condition that he will co-operate with the trial of the case.