Md. Istak vs State Of Jharkhand

Learned counsel for the petitioner has submitted that there are defect(s) being 9(i) to 9(ii) 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 and the petitioner is in custody in this case since 16.01.2020.

Considering the same, this Court is inclined to hear the bail application on its merits, but with condition that petitioner shall remove the defects 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 petitioner and learned Additional Public Prosecutor for the State.

The petitioner, who is accused for offence under Section 395 of the Indian Penal Code, prays for regular bail in connection with Telaiya P.S. Case

No.03 of 2020.

Learned counsel for the petitioner has submitted that the petitioner is not named in the FIR nor any recovery from his physical possession or from his

house has been made nor the petitioner has been put in T.I.P., but the only legal material obtained by the Police is that from the mobile phone of the

petitioner, it appears that the petitioner's location was near the place of occurrence on the date of alleged occurrence. The petitioner is a cleaner in the

Truck and has been falsely implicated in this case. The Police has not brought any material on record to suggest that nearby mobile towers were

working even though his position in the mobile phone was found near the place of occurrence.

Learned counsel for the petitioner has further submitted that the petitioner is in custody since 16.01.2020, as such, the petitioner may be enlarged on

regular bail.

Learned counsel for the State has opposed the prayer for regular bail and has not disputed the fact that except mobile location of the petitioner there is

no legal material against the petitioner.

Considering the rival submissions of the parties and since the petitioner has not been put in T.I.P. nor any recovery has been made apart from his

Mobile location which is not a conclusive material to hold that petitioner was found near the place of occurrence unless and until it is stated that other

mobile towers of the adjacent area were working, as such, the location of the petitioner cannot be identified on the basis of mobile towers. The

petitioner is in custody since 16.01.2020, as such, the petitioner [Md. Istak], is directed to be released on regular bail, on furnishing bail bonds of

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

connection with Telaiya P.S. Case No.03 of 2020, subject to the following conditions :-

(i) One of the bailors shall be deponent of the present petition, namely, Abdul Vaheed, S/o Late Rahmat Miyan, R/o Ward No.3, Pandeydih, P.O. &

P.S. and District- Koderma and having his UID NO.5905 0011 0269.

Office is directed to send a copy of this order along with photocopy of the UID Card bearing No. 5905 0011 0269 of deponent to the court below so

as to verify the authenticity of the bailor/deponent.

(ii) Another bailor shall be close relatives of the petitioner.

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

(iv) The Civil Surgeon, Koderma is directed to medically examine the petitioner at the time of his release and if requires, petitioner shall be taken for

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

(v) Petitioner shall appear before the learned trial court on each and every date before the learned trial court till conclusion of the trial, failing which,

the trial court shall cancel the bail bonds of the petitioner.

(vi) Petitioner 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.