Munar Oraon vs State Of Jharkhand

Learned counsel for the petitioner has submitted that though there are defects i.e. defect nos.5(e) & 9(i) in the bail application as pointed out by the

stamp reporter vide dated 06.07.2020 but he has filed 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 in which petitioner is in custody since 18.11.2019.

Considering the same, this Court is inclined to hear the bail application on merits but with condition that petitioner shall remove the defect(s) within 30

days after the lockdown period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the lockdown period is over so as to remove the defects. Heard,

learned counsel for the petitioner, Ms. Vani Kumari and learned counsel for the State, Mr. Rakesh Kr. No.2.

Learned counsel for the petitioner has prayed for grant of regular bail in connection with Bishnupur P.S. Case No.24 of 2019, corresponding to G.R.

No.41 of 2020 for the offence registered under Sections 25(1-B)(a)/26/35 of the Arms Act.

Learned counsel for the petitioner has submitted that it is alleged in the FIR that five live cartridges from the right pocket and five live cartridges from

the left pocket i.e. total ten live cartridges have been recovered from possession of the petitioner without any weapon.

Learned counsel for the petitioner has further submitted that petitioner has no criminal antecedent and he has been falsely implicated by the police in

this case and petitioner is in custody since 18.11.2019, as such, he may be enlarged on bail. Learned counsel for the State has opposed the prayer for

bail. After hearing, learned counsel for the parties and perusing the materials brought on record, it appears that total ten live cartridges have been

recovered from possession of the petitioner without any weapon and petitioner is in custody since 18.11.2019, as such, petitioner ( Munar Oraon), is

directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the

satisfaction of learned Additional Chief Judicial Magistrate, Gumla in connection with Bishnupur P.S. Case No.24 of 2019, corresponding to G.R.

No.41 of 2020 on the following conditions:-

(i) One of the bailors shall be deponent of the present petition namely, Bandhni Oraon, W/o Litwa Oraon, R/o Village- Burka, P.O. & P.S.- Sisai,

Kudra, Karkari, District- Gumla having UID No.2605 4996 3219.

Office is directed to send photo copy of the UID Card bearing No. 2605 4996 3219 of deponent along with this order to the court below so as to verify

the authenticity of the bailor.

(ii) Another bailor shall be close relative (father/mother/brother/wife/son) of the petitioner.

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

cancel the bail bonds of the petitioner.

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

(v) The Civil Surgeon, Gumla is directed to medically examine the petitioner at the time of his release and if require, 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.

(vi) Petitioner shall also comply with all the guidelines issued by the Government to meet the challenges of Covid-19, as the country is passing through

Pandemic of Covid-19.