Kishore Kumar Kapri vs State Of Jharkhand

Heard learned counsel for the petitioners and the learned A.P.P. for the State, through Video Conferencing. The lawyers have no objection with regard to the proceeding which has been held through video conferencing today at 11.00 a.m.. They have no complain with respect to the audio and video clarity and quality.

Counsel for the petitioner undertakes to deposit the Deficit Court Fee/Advocate Welfare Fund within two weeks. He prays for ignoring the remaining defects and to take up this matter on merits.

Accordingly, the remaining defects, save and except the Deficit Court Fee/Advocate Welfare Fund, are ignored for the present. Petitioner is directed to deposit the Deficit Court Fee/Advocate Welfare Fund within two weeks.

Petitioner is an accused for allegedly committing an offence punishable under Sections 379 of the Indian Penal Code, in connection with Dumka (Muffasil) Police Station Case No.72 of 2020, pending in the Court of learned Chief Judicial Magistrate, Dumka.

Petitioner is in custody since 04.06.2020. It is alleged that the petitioner alongwith Dilip Manjhi had stolen the tractor and were trying to sell the same to some unknown person. Chargesheet has already been submitted in this case.

Considering the period of custody and the fact that chargesheet has already been submitted in this case, I am inclined to grant bail to the petitioner. Accordingly, petitioner, namely, Kishore Kumar Kapri, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Dumka in connection with Dumka (Muffasil) Police Station Case No.72 of 2020.

I direct the Jail Authority that before releasing the petitioner from jail, the Jail Authority should get the petitioner tested for COVID-19. If the report is positive, then the District Administration will immediately take steps to isolate the petitioner and get him treated in the COVID Centre by following all the protocols.

This direction is given in the larger public interest and it should not be construed as a condition of bail.