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Judgment
7 paragraphs · 334 wordsHeard the parties through Video Conferencing.
Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the lockdown is over.
In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the present.
The petitioner has been made accused in connection with Itkhori P.S. case no. 127 of 2020 registered under Sections 302, 394, 397 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in murder of Sudhir Kumar. It is then submitted by learned counsel for the petitioner that the allegation against the petitioner is false and there is no eye witness to the occurrence. It is further submitted by learned counsel for the petitioner that the petitioner has been implicated in this case on the basis of the confessional statement of the co-accused person. It is further submitted by learned counsel for the petitioner that though the petitioner is not named in the FIR yet without holding the TIP, charge sheet has been submitted against the petitioner. It is further submitted by learned counsel for the petitioner that the petitioner has been in judicial custody since 17.08.2020 as mentioned in paragraph 10 of the bail application and the petitioner is ready and willing to co-operate with the trial of the case hence, the petitioner may be released on bail.
Learned Addl. P.P. opposes the prayer for bail of the petitioner.
Considering the facts of the case, the 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 to the satisfaction of learned ACJM, Chatra in connection with Itkhori P.S. case no. 127 of 2020 subject to the condition that the petitioner will co-operate with the trial of the case.