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Mithlesh Kumar Singh @ Mantu Singh @ Mantu Kumar Singh vs State Of Jharkhand

Jharkhand High Court · Decided on 3 December 2020 · Citation: (2020) 12 JH CK 0025

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 307, 385, 387 · Arms Act, 1959 — Section 27
RESULT
Dismissed
CASE NUMBER
Bail Application No. 9118 Of 2020
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Judgment

19 paragraphs · 407 words

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the

stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

The petitioner has moved this Court for grant of bail in connection with Giddi P.S. Case No.37 of 2020 registered under sections 307/385/387/120B of

the Indian Penal Code and under section 27 of the Arms Act.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is a member of Sushil Srivastav Gang and is

indulged in collection of extortion from the businessmen, contractors and businessmen dealing with coal and five illegal fire arms and bullets have been

recovered by the police from the possession of the petitioner. It is further submitted that the allegations against the petitioner are all false. Hence, it is

submitted that the petitioner be admitted to bail.

The learned Addl. P.P. on the other hand vehemently opposes the prayer for bail and submits that the petitioner is a hardened criminal and he is also

involved in another case vide Lohsinghna P.S. Case No. 78 of 2020. It is then submitted that the petitioner is a threat to the society being a

professional collector of extortion amount on behalf of a notorious gang of criminals and there is every chance of the petitioner absconding and also

tampering with evidence, if released on bail. Hence, it is submitted that the petitioner ought not be admitted to bail.

Considering the serious nature of allegation against the petitioner, this Court is of the considered view that this is not a fit case where the above named

petitioner be admitted to bail. Accordingly, the prayer for regular bail of the above named petitioner is rejected.

Keeping in view the period of custody undergone by the petitioner and the serious nature of offences involved in this case, notwithstanding any order

in administrative side of this Court, the trial court is directed to take up the trial of the case expeditiously and to conclude the trial within six months

from the date of receipt of this order by the trial court. It is made clear that the trial be conducted and witnesses be examined by observing the

precautions relating to COVID -19 Pandemic.