Jitendra Bharti vs State Of Jharkhand

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 Pratappur P.S. Case No.58 of 2020 registered under sections

341/323/325/307/147/148/149/302 of the Indian Penal Code and under Section 27 of Arms Act.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was member of unlawful assembly and in

prosecution of common object of the assembly assaulted the son of the informant namely Ranjit Yadav resulting in his death. It is further submitted

that the allegations against the petitioner are all false and are general and omnibus in nature. Hence, it is submitted that the petitioner be admitted to

bail.

The learned Addl. P.P. on the other hand vehemently opposes the prayer for bail and submits that the petitioner is not named in the FIR and there are

eye witnesses to the occurrence and in view of the serious nature of allegation involved, there is every chance of the petitioner absconding, if released

on bail. Hence, it is submitted that the petitioner ought not to be admitted to bail. Considering the serious nature of allegation against the petitioner of

committing murder of the son of the informant, this Court is of the considered view that this is not a fit case where the above named petitioner be

admitted to bail. Accordingly, the prayer for regular bail of the above named petitioner is rejected.

Keeping in view the period of custody undergone by the petitioner and the serious nature of offences involved in this case, notwithstanding any order

in administrative side of this Court, the trial court is directed to take up the trial of the case expeditiously and to conclude the trial within six months

from the date of receipt of this order by the trial court. It is made clear that the trial be conducted and witnesses be examined by observing the

precautions relating to COVID -19 Pandemic.