Ganpat Kachhap @ Ganpait Kachhap vs State Of Jharkhand

Learned counsel for the petitioner has submitted that defect nos. 9 (i) to 9(iv), as per Stamp Reporting dated 18.03.2020, 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 Kamdara P.S. Case No.

21/2016 corresponding to Spt. G.R. No. 591/2016 subsequent S.T. No. 215/2017 for the offence registered under Sections 302/34 I.P.C., Section 27

Arms Act and Section 17 C.L.A. Act.

Learned counsel for the petitioner has submitted that prayer for regular bail of the petitioner was earlier rejected by this Court vide order dated

31.01.2019 passed in B.A. No. 6338/2018 with liberty to renew his prayer for bail after six months, if the trial is not concluded and there is no laches

on the part of the petitioner.

Learned counsel for the petitioner has further submitted that charge has been framed on 15.01.2019 and till date, two witnesses have been examined,

though other co-accused Shanika Toppno has already been enlarged on bail vide order dated 04.01.2018 in B.A. No. 8386/2017 and co-accused Ram

Krishna Baghel has also been enlarged on bail vide order dated 06.02.2017 in B.A. No. 9225/2016 and he has been subsequently acquitted in Sessions

Trial No. 14/2017, as such, this petitioner may also be enlarged on bail as he is in custody since 27.02.2017.

Learned counsel for the State, Mr. Prabhu Dayal Agrawal, Special Public Prosecutor has opposed the prayer for bail.

Considering the liberty given to the petitioner in terms of order dated 31.01.2019 passed in B.A. No. 6338/2018, 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

Kamdara P.S. Case No. 21/2016 corresponding to Spt. G.R. No. 591/2016 subsequent S.T. No. 215/2017 to the satisfaction of learned Additional

Sessions Judge-V, Gumla on the following conditions:

(i) One of the bailors shall be the deponent / parivikar of the present case namely, Ajay Kachap, son of Rajkumar Kachap, resident of Village-

Manhatu, P.O. - Rania, P.S. - Rania, District - Khunti, who has furnished photocopy of his UID Card bearing number is 6751 4019 8859 before this

Court in the bail application.

Office is directed to send the photocopy of UID Card bearing no. 6751 4019 8859 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 the conclusion of 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, Gumla 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.