Kajal Kumar Sarangi vs State Of Jharkhand

Heard Mr. Anurag Kashyap, learned counsel appearing on behalf of the petitioner.

Heard Mr. T. N. Verma, learned counsel appearing on behalf of the opposite party-ACB.

Learned counsel for the petitioner submits that the petitioner is in custody since 26.06.2019 in connection with ACB Jamshedpur P.S. Case No. 06 of 2019, corresponding to Vigilance Case No. 10 of 2019 for alleged offence registered under Section 7(a) of the Prevention of Corruption (Amendment) Act, 2018 now said to be pending in the court of learned Special Judge, ACB at Chaibasa.

The learned counsel for the petitioner submits that the bail application of the petitioner was earlier rejected on 04.09.2019 in B.A. No. 7389/2019. The learned counsel also submits that the charge has been framed in the present case on 14.01.2020 and due to situation arising out of COVID 19 the trial cannot proceed. The learned counsel submits that he has taken instructions from his client who is ready and willing to contribute to the 'Chief Minister's Relief Fund, Ranchi' to the extent of Rs. 10,000/- and he is also ready to download 'Aarogya Setu App' and also abide by the various instructions issued by the state government and central government to deal with COVID 19 pandemic. The learned counsel submits that since the charge has already been framed and considering the COVID-19 situation, the trial has not proceeded and accordingly, the petitioner may be enlarged on bail. The learned counsel submits that the petitioner will fully co-operate with the trial as and when trial commences before the learned court below.

The learned counsel appearing on behalf of the opposite party opposes the prayer for bail, but does not dispute the fact that at present the trial cannot commence due to COVID-19 pandemic. He further submits that the petitioner should be directed to fully co-operate with the trial before the learned court below as and when trial commences.

Considering the submissions made by the learned counsel for the parties and the fact that the charge has been framed on 14.01.2020 and considering the COVID -19 situation, this Court is inclined to enlarge the petitioner on bail upon furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand Only) with two sureties to the like amount each to the satisfaction of learned Special Judge, ACB at Chaibasa in connection with ACB Jamshedpur P.S.

(a) The petitioner, shall show proof of payment of Rs. 10,000/- (Rs. Ten Thousand) in the account created by the State of Jharkhand to fight COVID-19 before the learned court below prior to his release. The details of the account as published in newspaper Dainik Jagran, Ranchi on 25.04.2020 is as under: - Chief Minister's Relief Fund, A/c 11049021058, IFSC Code: SBIN0000167 and SWIFT CODE: SBININBB387.

(b) The petitioner shall download the 'Aarogya Settu App' immediately after being released from custody and shall abide by the directions of the Central Government as well as State Government issued in connection with containment of COVID-19 pandemic.

(c) The petitioner would physically attend the court on each and every date as may be fixed by the learned court below once the regular functioning of the court resumes and will fully cooperate with the trial of the case and on account of even single default, the bail bond of the petitioner will be cancelled by the learned court below.

(d) The petitioner will give his mobile number before the learned court below which he will not change during the pendency of the case before the learned court below without prior permission of the court.

(e) One of the bailors should be his close family member.

Let this order be communicated to the learned court below through 'FAX'.