Lalita Devi vs State Of Jharkhand And Ors

Heard, learned counsel for the petitioner, Mr. Ashraf Ansari. Learned counsel for the petitioner has submitted that defect nos. 9 (i) to (iii), as per Stamp Reporting dated 19.06.2020, have not been removed, which he undertakes to remove within 30 days after the physical court starts and the bail application may be heard, as it is a regular bail application of the petitioner, who is in custody since 14.08.2019.

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 physical court starts.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the physical court starts so as to remove the defect(s).

Learned counsel for the petitioner has submitted that the petitioner Lalita Devi has prayed for grant of regular bail in connection with Kisko P.S. Case No. 43/2018 corresponding to G.R. No. 224/2019 for the offence registered under Sections 147, 148, 149, 307 I.P.C., Sections 25(1-b)a, 26, 27, 35 of the Arms Act, Section 3 / 4 of Explosive Substance Act, Sections 10 / 13 of U.A.P.A. Act and Section 17 of C.L.A. Act.

Learned counsel for the petitioner has submitted that F.I.R. has been lodged against eight named accused persons and the name of petitioner transpired in the confessional statement though nothing has been recovered from possession of this petitioner. It is alleged that petitioner is the wife of MCC Zonal Commander, Rabindra Ganjhu and has criminal antecedent related to Jobang P.S. Case No.33/2018, as such, petitioner has been made accused in this case and she is in custody since 14.08.2019. The co-accused, Kudus Ansari has been enlarged on bail by Coordinate Bench of this court vide order dated 21.10.2019 passed in B.A. No.9256/2019 and another co-accused, Sanicharwa Kisan has been enlarged on bail vide order dated 22.10.2019 passed in B.A. No.9433/2019, as such, petitioner may also be enlarged on bail.

Learned counsel for the State, Mr. Bishambar Shastri, Additional Public Prosecutor has opposed the prayer for bail and has submitted that this petitioner is the wife of MCC Zonal Commander, Rabindra Ganjhu and she has involvement in demanding the levy as transpired from paragraph-55 of the case diary, as such, petitioner may not be enlarged on bail.

Considering the rival submissions of the parties and looking into the fact and circumstances of the case as the petitioner is a lady and comes under the proviso of Section 437 Cr.P.C. and other male co-accused, Kudus Ansari and Sanicharwa Kisan have been enlarged on bail, this 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 in connection with Kisko P.S. Case No. 43/2018 corresponding to G.R. No. 224/2019 to the satisfaction of learned Chief Judicial Magistrate, Lohardaga on the following conditions:

(i) One of the bailors shall be the deponent / pairvikar of the present case namely, Kanchan Bogta, son of Aghnu Bhogta, resident of Village - Mainichapar, P.O. - Nawagarh, P.S. - Sikidiri, District - Ranchi, who has furnished photocopy of his UID Card bearing number 9575 0178 9773 before this Court in the bail application.

Office is directed to send the photocopy of UID Card bearing no. 9575 0178 9773 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 / brother.

(iii) As her husband is alleged to be the Zonal Commander of MCC, petitioner shall appear before the trial court on each and every date till conclusion of the trial.

(iv) Petitioner shall also appear before the Officer-in-Charge, Kisko P.S. on 1st Monday of each Calendar Month till conclusion of the trial.

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

(vi) The Civil Surgeon, Lohardaga is directed to medically examine the petitioner at the time of her release and if she is infected with corona virus, she shall be taken for quarantine, but if no such requirement is there, she shall be released forthwith, if not wanted in any other case.

(vii) 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.