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Judgment
18 paragraphs · 367 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 R.I.T. P.S. Case No. 105 of 2020 registered under sections 387 of the Indian Penal Code
and Section 27 of Arms Act read with Section 3 of the Explosive Act.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with co-accused persons had come on a
motorcycle and apart from firing had hurled bombs at the work site and threatened not to start work without the permission of Krishna Rao. It is
submitted that the allegation against the petitioner is false. It is next submitted that the petitioner is not named in the F.I.R. and has been implicated in
this case only on the basis of confessional statement of the co-accused, without putting the petitioner on T.I. parade, charge-sheet has been submitted
against him in this case. It is next submitted that co-accused, with similar allegations, has been granted bail by the Co-ordinate Bench of this Court
vide order dated 10.11.2020, 09.12.2020 and 07.12.2020 passed in B.A. No.8570 of 2020, B.A. No.9553 of 2020 and B.A. No. 8979 of 2020
respectively. It is next submitted that the petitioner undertakes to cooperate with the trial of the case. It is further submitted that the petitioner is in
custody since 09.07.2020 as mentioned in paragraph 07 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 Chief Judicial Magistrate, Seraikella in connection with R.I.T.
P.S. Case No. 105 of 2020 with the condition that he will cooperate with the trial of the case.