High CourtsSingle Bench(2020) 12 JH CK 0121

Jiitendar Nayak @ Laddu @ Luddu @ Jitendra Nayak vs State of Jharkhand

Jharkhand High Court · Decided on 15 December 2020

HON’BLE JUDGES
Anil Kumar Choudhary, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 9785 of 2020

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Judgment

16 paragraphs · 371 words

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the

stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

The petitioner has moved this Court for grant of bail in connection with Jagarnathpur P.S. Case No.222 of 2020 registered under sections 302/34 of

the Indian Penal Code and under section 27 of the Arms Act.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the weapon of offence used in the murder of Rakesh

Saw @ Bauwa was kept in the house of the co- accused by the petitioner. It is further submitted that the allegations against the petitioner are all false

and there is no allegation against the petitioner of being involved in murder of the said Rakesh Saw @ Bauwa. It is then submitted that the petitioner

has no criminal antecedent as has been mentioned in paragraph no.16 of the bail application and the main allegation of firing is against Monu Tiger. It

is next submitted that the petitioner has been in custody since 23.06.2020 as has been mentioned in paragraph no. 12 of the bail application. It is then

submitted that the co-accused person has already been admitted to bail by this Court vide order dated 02.12.2020 in B.A. No.9088 of 2020. It is lastly

submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail.

The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to

enlarge the above named petitioner on bail. Accordingly, 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 Judicial Magistrate 1st Class, Ranchi, in connection

with Jagarnathpur P.S. Case No.222 of 2020 with the condition that he will cooperate with the trial of the case.