Mahendra Prasad Mehta vs State of Jharkhand

In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard

to the proceeding, which has been held through Video Conferencing today at 10:30 A.M. onwards. They have no complaint in respect to the audio and

video clarity and quality.

At the very outset, learned counsel for the petitioner prays for ignoring of the defect, as pointed by the office as copy of FIR is very much legible.

From perusal of the FIR, it appears that same is legible and as such, defect as pointed by the office, is hereby ignored for the present.

Petitioner is an accused in a case registered under Sections 25 (1-A)/26/35 of the Arms Act, in connection with Ichak P.S. Case No. 57/2020, pending

in the Court of learned S.D.J. M., Hazaribag.

Mr. Sarju Prasad, learned counsel appearing for the petitioner submits that petitioner has not committed any offence and is innocent and allegation

made against the petitioner is false and fabricated. He further submits that from perusal of the seizure list, it appears that there is no independent

seizure witness. He further submits that no fire arm was recovered from possession of this petitioner and the petitioner arrested this petitioner after

manufacturing seizure list. The seizure list was prepared by One Abhishek Kumar Singh, but the FIR has been instituted on the basis of written

information of SI Indradeo Rajbhar. He further argues that if the same was recovered from the possession of the petitioner, there is no reason to

register the case under Section 26 and 35 of the Arms Act. The petitioner is in judicial custody since 19.03.2020. There is no criminal antecedent

against the petitioner.

On such grounds, learned counsel for the petitioner prays for bail.

Mr. Tarun Kumar, leaned APP vehemently opposes the prayer for bail of the petitioner.

Regard being had to the aforesaid facts and also considering the custody of the petitioner, the petitioner, above named, is directed to be released on

bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J. M.,

Hazaribag, in connection with Ichak P.S. Case No. 57/2020, with condition that further if any threatening to the wife is given by the petitioner, same

be brought to knowledge of the learned court below and learned court below shall proceed for cancellation of bail, in accordance with law.

Resultantly, this bail application is allowed with the aforesaid condition.