Pankaj Kumar Mehta vs State of Jharkhand

Learned counsel for the petitioners 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 in which the petitioner is in custody since 31.01.2020.

Considering the same, this Court is inclined to hear the bail application on its merits, but with condition that petitioner shall remove the defect 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 the offence under Section 394 of the Indian Penal Code, prays for regular bail in connection with Gidhour P.S.

Case No.47 of 2019.

Learned counsel for the petitioner has submitted that the petitioner is not named in the FIR nor he has been put on T.I.P. rather on the basis of

confessional statement of co-accused, Rajesh Kumar Mehta, who was apprehended in connection with Katkamsandi P.S. Case No.34 of 2019, the

name of the petitioner got transpired.

Learned counsel for the petitioner has further submitted that a VIVO mobile has been seized from the possession of the petitioner, but till date neither

the petitioner nor the seized article has been put on TIP so as to connect the petitioner with the alleged offence.

Learned counsel for the petitioner has further submitted that the petitioner has no criminal antecedent and he is in custody since 31.01.2020, as such,

the petitioner may be enlarged on regular bail.

Learned counsel for the State has opposed the prayer for regular bail and has submitted that name of this petitioner got transpired in the confessional

statement of co-accused, Rajesh Kumar Mehta in connection with Katkamsandi P.S. Case No.34 of 2019 and from whose possession a Motorcycle

was recovered, as such, this petitioner may not be released on bail.

Considering the rival submissions of the parties and since no incriminating article has been recovered from the possession of the petitioner nor

petitioner has been put on TIP, as such, the petitioner [Pankaj Kumar Mehta], 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 Sub Divisional Judicial Magistrate, Chatra, in

connection with Gidhour P.S. Case No.47 of 2019, subject to the following conditions :-

(i) One of the bailors shall be deponent of the present case, namely, Shankar Prasad Mehta, S/o Mahavir Mahto, R/o Village & P.O.- Lapung, P.S.

Katkamsandi, District- Hazaribag having UID NO.5729 8946 0661.

Office is directed to send a copy of this order along with photocopy of the UID Card bearing No.5729 8946 0661 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 i.e. mother/father/wife/son etc..

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

(iv) The Civil Surgeon, Chatra, is directed to medically examine the petitioner at the time of his release and if it 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 fixed for his appearance, 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.