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Dhaneshwar Prasad @ Kallu @ Sunil Kumar vs State of Jharkhand

Jharkhand High Court · Decided on 15 December 2020 · Citation: (2020) 12 JH CK 0127

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 328, 394
CASE NUMBER
Bail Application No. 9825 of 2020
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Judgment

18 paragraphs · 326 words

Heard the parties through Video Conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the

lockdown is over.

In view of the personal undertaking given by 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 Gorhar P.S. case no. 14 of 2019 instituted under sections 394 and 328 of the Indian Penal

Code.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in robbery after

administering intoxicating substance to the driver of the vehicle. It is then submitted by learned counsel for the petitioner that the allegation against the

petitioner is false. It is further submitted by learned counsel for the petitioner that though the petitioner is not named in the FIR yet without holding the

TIP, charge sheet has been submitted against the petitioner. It is further submitted by learned counsel for the petitioner that the petitioner has been in

jail custody since 05.06.2020 as mentioned in paragraph 14 of the bail application and the petitioner is ready and willing to co-operate with the trial of

the case and co-accused with similar allegations has already been released on bail by a co-ordinate Bench of this court vide order dated 03.09.2019

passed in BA no. 7774 of 2019 hence, the petitioner may be released on bail.

Learned Addl. P.P. opposes the prayer for bail of the petitioner. Considering the facts of the case, 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 to the satisfaction of learned J.M., 1st

class, Hazaribag in connection with Gorhar P.S. case no. 14 of 2019 subject to the condition that the petitioner will co-operate with the trial of the

case.