Jitendra Vishwakarma 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 Deori P.S. Case No.38 of 2019 (S.T. No.5 of 2020) registered under sections

147/ 148/ 149/ 341/ 342/ 323/ 324/ 325/ 307/ 504/506/302 of the Indian Penal Code.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with co-accused persons were

member of an unlawful assembly and being armed with deadly weapons, the co-accused-Pappu Vishwakarma inflicted a basil (a heavy sharp cutting

weapon) blow on the head of the father of the informant and others also assaulted the father of the informant causing grievous injury on his head and

the deceased was brought to Referral Hospital, Dhanwar and from there he was referred to Sadar Hospital, Giridih and thereafter was referred to

Ranchi for better treatment and the father of the informant namely Ram Prasad Vishwakarma died at RIIMS, Ranchi on 07.04.2019. It is further

submitted that the allegations against the petitioner are all false and the main allegation is against Pappu Vishwakarma. It is next submitted that the

petitioner has been in custody since 14.07.2020 as has been mentioned in paragraph no. 9 of the bail application. 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 Principal Sessions Judge, Giridih, in connection with

Deori P.S. Case No.38 of 2019 (S.T. No.5 of 2020) with the condition that the petitioner will cooperate with the trial of the case.