High CourtsSingle Bench

Jabir Ansari vs State Of Jharkhand

Jharkhand High Court · Decided on 16 December 2020 · Citation: (2020) 12 JH CK 0136

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 395
RESULT
Allowed
CASE NUMBER
Bail Application No. 9767 Of 2020
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Judgment

18 paragraphs · 353 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 Meral P.S. case no. 13 of 2019 instituted under sections 395 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 dacoity. 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 the petitioner has been implicated in this case on the basis of the confessional statement but even the petitioner stated that he was not

present at the place of occurrence. 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 04.09.2020 as mentioned in paragraph 1 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 given the privilege of anticipatory bail by this court vide

order dated 18.05.2019 passed in ABA no. 3110 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 CJM, Garhwa in connection with Meral P.S. case no. 13 of 2019

subject to the condition that the petitioner will co-operate with the trial of the case.