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Mukesh Saw @ Mukesh Kumar Saw @ Mukesh Sao vs State of Jharkhand

Jharkhand High Court · Decided on 14 January 2021 · Citation: (2021) 01 JH CK 0155

HON’BLE JUDGES
Anil Kumar Choudhary, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 11040 Of 2020

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Judgment

17 paragraphs · 348 words

Heard the parties through video conferencing.

Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the 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 Barkagaon P.S. Case No. 98 of 2019, corresponding to G.R. No.370 of 2020 registered

under sections 387/ 307/ 120B/ 34 of the Indian Penal Code and Section 27 of Arms Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner fired two bullets at the informant and injured

him on left thigh. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner is not named in the F.I.R. yet

without putting him of T.I.P., charge-sheet has been submitted against the petitioner. It is next submitted that the petitioner has been implicated in this

case merely on the basis of his own self confessional statement. It is next submitted that the co-accused, with similar allegations, has been admitted to

bail by the Co-ordinate Bench of this Court vide order dated 04.03.2020 passed in B.A. No. 1690 of 2020. It is then submitted that the petitioner

undertakes to co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 18.02.2020 as mentioned in

paragraph 23 of the bail application. Hence it is submitted that the petitioner be released on bail.

Learned Addl. P.P. opposes the prayer for bail.

Considering the facts of this case, the above named petitioner is directed to be enlarged 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 Sub-Divisional Judicial Magistrate, Hazaribagh in connection

with Barkagaon P.S. Case No. 98 of 2019, corresponding to G.R. No.370 of 2020 with the condition that he will co- operate with the trial of the case.