Dhiraj Kumar Rai @ Dhiraj Kumar Roy vs State of Jharkhand

Heard learned counsel for the parties through V.C.

The instant application has been preferred by the petitioner for grant of regular bail in connection with Gumla P.S. Case No.305 of 2019, registered under Sections 406, 408, 418, 419, 420, 465, 468, 471, 120B of the IPC, which is pending before the learned Chief Judicial Magistrate, Gumla.

Learned counsel for the petitioner submits that only for the reason that he has been seen in the CCTV footage, he has been implicated in this case. He further submits that charge- sheet has already been submitted in this case and there is no likelihood of early conclusion of trial due to present situation. He further submits that the State authorities have already freeze a fixed deposit standing in the name of the petitioner to the tune of Rs.13 lacs along with immovable property comprising an area of 16 decimals, which is worth Rs.40 to 45 lakh. He further submits that the State authority has also locked a piece of business land of brick-kiln as such, even otherwise huge moveable and immoveable property of the petitioner has already been attached by the State authorities.. He further submits that the petitioner is ready to abide by any condition imposed by this Court or by the trial court.

Learned A.P.P. on the other hand vehemently opposed the prayer for bail of the petitioner, however could not dispute the fact that the fixed deposit amount for about Rs.13 lakh has been freeze by the Government and on their instruction to the registry office the land and business premises as stated hereinabove are also attached.

Having heard learned counsel for the parties and after going through the materials available on record, I am of the considered opinion that though the charge sheet has already been submitted in this case but due to the present situation arisen after the epidemic due to COVID 19, there is no likelihood of conclusion of trial in near future, as such the petitioner is directed to be released on bail. At present, the petitioner shall be released on furnishing personal bail bond of Rs.5,000/-(Five Thousand Only), thereafter, when the Lockdown period is over, the petitioner shall furnish bail bond of Rs. 10,000/- (Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gumla, in connection with Gumla P.S. Case No.305 of 2019, within a period of one month from the date of lifting of Lockdown.

Further, the petitioner shall appear on each and every date during trial before the learned trial court whenever the functioning of regular court begins till then, the petitioner shall register his presence before the concerned police station fortnightly, failing which the learned trial court shall be at liberty to cancel his bail.

With the aforesaid directions, this bail application is allowed and disposed of.