Kaleshwar Mahto @ Kameshwar Mahto 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 S.T. No.149 of 2016 (S) arising out of Bano P.S. Case No.57 of 2014 (G.R.

No.507 of 2014) registered under sections 452/364/380/120B/302/34 of the Indian Penal Code and under Section 17 (i) (ii) of C.L.A. Act.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in murdering and abduction of

the father of the informant. It is further submitted that the allegations against the petitioner are all false and drawing attention of this Court to the

deposition of P.W.3- the informant during the trial, a copy of which has been annexed at page nos.28-29 of the brief wherein only he identified the co-

accused- Vimal Pie and he disclosed the name of the petitioner. It is next submitted that the P.W.1 has proved the inquest report and P.W.2 is the

witness of seizure and P.W.4 is the doctor. It is next submitted that the P.W.5 is the police officer who has submitted charge sheet against the

petitioner. It is next submitted that the petitioner has been in custody since 10.04.2017 as has been mentioned in paragraph no. 1 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 Sessions Judge, Simdega, in connection with S.T.

No.149 of 2016 (S) arising out of Bano P.S. Case No.57 of 2014 (G.R. No.507 of 2014) with the condition that the petitioner will cooperate with the

trial of the case.