Lakhan Ram And Ors vs State Of Jharkhand

Learned counsel for the petitioners has submitted that there are defect(s) being 9(i) to 9(iii) in the instant bail application, as pointed out by the Stamp

reporting dated 07.07.2020, but he has given an undertaking that he shall remove the defect(s) after the lockdown period is over and the bail

application may be heard as it is a regular bail in which the petitioners are in custody since 29.04.2020.

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

30 days after the lockdown period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order within 30 days after the lockdown period is over so as to remove the

defect(s).

Heard, learned counsel appearing for the petitioners, Mr. Navneet Sahay on the instruction of learned counsel for the petitioners, Md. Shamim Akhtar

and Mr. Azeemuddin, learned Additional Public Prosecutor for the State.

The petitioners, who are accused for the offence under Sections 323, 325, 307, 504, 506, 34 of the Indian Penal Code, pray for regular bail in

connection with Manjhiaon P.S. Case No.32 of 2020.

Learned counsel for the petitioners has submitted that the instant FIR has been lodged against both the petitioners along with ten others [ total twelve

persons] and there is general and omnibus allegation against the petitioners and no specific allegation has been attributed against any of the petitioners.

There is case and counter case between the parties and counter-case has been registered as Manjhiaon P.S. Case No.33 of 2020 with respect to land

dispute.

Learned counsel for the petitioners has further submitted that Rita Devi and Ramji Ram have sustained fracture injury on the hand. Injury caused

upon Ramji Ram has been declared to be grievous in nature. So far internal injury on Niraj Ram is concerned, the said injury has not been declared to

be grievous by the Doctor.

Learned counsel for the petitioners has further submitted that the petitioners are in custody since 29.04.2020, as such, the petitioners may be enlarged

on regular bail.

Learned counsel for the State has opposed the prayer for regular bail and has submitted that these petitioners have caused injury upon the injured, as

such, their prayer for bail may be rejected.

Considering the rival submissions of the parties and since there is no specific allegations against the petitioners and there is case and counter-case

between the parties. As such, the petitioner Nos.1 and 2 [Lakhan Ram and Shiv Kumar Ram], are directed to be released on regular bail, on

furnishing bail bonds of Rs.20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,

1st Class, Garhwa, in connection with Manjhiaon P.S. Case No.32 of 2020, subject to the following conditions :-

(i) One of the bailors shall be deponent of the present case, namely, Dilip Ram, S/o Vishwanath Ram, R/o Village- Sewadih, P.S. Sewadih, P.S.

Ranka, Sirai Khurd, District- Garhwa, having UID NO.4615 2925 2529.

Office is directed to send a copy of this order along with photocopy of the UID Card bearing No.4615 2925 2529 of deponent to the court below so as

to verify the authenticity of the bailor/deponent.

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

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

(iv) The Civil Surgeon, Garhwa, is directed to medically examine the petitioners at the time of their release and if it requires, petitioners shall be taken

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

(v) Petitioners shall appear before the learned trial court on each and every date fixed for their appearance, failing which, the trial court shall cancel

the bail bonds of the petitioners.

(vi) Petitioners shall also comply with all the guidelines issued by the Government so as to meet the challenges of Covid-19, as the country is passing

through Pandemic of Covid-19.