Dilip Yadav vs The State of Jharkhand

Narendra Nath Tiwari, J.—The Petitioner is an accused in the case registered under Sections 147, 148, 149, 323, 341, 307 and 379 of the Indian Penal Code.

Learned Counsel for the Petitioner submitted that earlier the Petitioner has been granted bail by order dated 26th June, 2002 and, thereafter, he had appeared in the court below on several dates; however, due to nonappearance on one day in December, 2003, his bail bond was cancelled; the Petitioner is a poor person; he had gone to earn livelihood in brick kiln; he was never informed that his presence was required in the court below; the Petitioner is in custody for about nine months; he is a local permanent resident; there is no chance of his absconding. Learned Counsel, on instruction of the Petitioner, submitted that the Petitioner has undertaken to appear physically on all the dates in the court below and that he shall not misuse the privilege of bail.

Learned A.P.P. opposed the Petitioner''s prayer for bail and submitted that the Petitioner is absconder and due to him, the trial was delayed.

Regard being had to the facts and circumstances of the case, the Petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.10,000/ (rupees ten thousand)

with two sureties of the like amount, each, to the satisfaction of learned Additional Sessions JudgeI, Koderma in connection with S.T. No. 268A of 2001, arising out of Koderma P.S. Case No. 200 of 1999, corresponding to G.R. No. 452 of 1999, with the condition that the bailors must be the family members of the Petitioner and that the Petitioner shall physically appear on all the dates in the case in the court below.