Kundan Ram vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Rohan Mazumdar.

Learned counsel for the petitioner has submitted that defect nos. 9(i) to 9(iii), as per Stamp Reporting dated 10.07.2020, have not been removed,

which he undertakes to remove within 30 days after the lock down period is over and the bail application may be heard, as it is a regular bail

application of the petitioner.

Considering the same, this Court is inclined to hear the instant bail application on merits, but with condition that petitioner shall remove the defect(s)

within 30 days after the lock down period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the lock down period is over so as to remove the defect(s).

Learned counsel for the petitioner has submitted that the petitioner has prayed for grant of regular bail in connection with Kenduadih P.S. Case No.

58/2020, for the offence registered under Sections 147, 148, 149, 307, 323, 504, 427 I.P.C. and Section 27 Arms Act.

Learned counsel for the petitioner has submitted that F.I.R. has been lodged against six named accused persons. It is alleged in the First Information

Report that three persons had made firing but no such allegation has been made against this petitioner, rather as per the First Information Report, it

appears that it is alleged against the petitioner that he was pelting stone.

Learned counsel for the petitioner has submitted that charge- sheet has already been submitted on 12.06.2020 and petitioner is in custody since

16.05.2020, as such, there is no chance of tempering or absconding.

Learned counsel for the petitioner has further submitted that there is case and counter case between the parties. Kenduadih P.S. Case No.59/2020

has also been registered, as such, petitioner may be enlarged on bail.

Learned counsel for the State, Mr. S. P. Jha, Additional Public Prosecutor has opposed the prayer for bail and has submitted that petitioner has

criminal antecedent, but has not disputed this fact that there is case and counter case between the parties and there is no specific allegation against the

petitioner of using any fire arm.

Considering the period of custody, the charge sheet has already been submitted and in the background of counter case, the petitioner 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 in connection with

Kenduadih P.S. Case No. 58/2020 to the satisfaction of learned A.C.J.M., Dhanbad on the following conditions:

(i) One of the bailors shall be the deponent / parivikar of the present case namely, Bhagwan Ram, son of Ramji Ram, resident of Godhar 9 No., Kali

Basti, Kusunda, P.O. & P.S. - Kusuda, District - Dhanbad, who has furnished photocopy of his UID Card bearing number 9798 4602 6921 before this

Court in the bail application.

Office is directed to send the photocopy of UID Card bearing no. 9798 4602 6921 of deponent alongwith this order to the court below so as to verify

the authenticity of the bailor.

(ii) Another bailor shall be close relative of the petitioner i.e. father / mother / son / wife / brother.

(iii) The Jail Authority shall release the petitioner only after his medical check-up.

(v) The Civil Surgeon, Dhanbad is directed to medically examine the petitioner at the time of his release and if he is infected with corona virus, he shall

be taken for quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(vi) The petitioner shall follow all the guidelines issued by the Government to meet the challenges of Covid-19, as presently Country is passing through

pandemic of Covid-19.

Accordingly, the instant bail application is allowed.