High CourtsSingle Bench

Raghubir Sahu And Ors vs State Of Jharkhand

Jharkhand High Court · Decided on 5 January 2021 · Citation: (2021) 01 JH CK 0042

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 414 · Arms Act, 1959 — Section 25(1b)A, 26, 35 · Criminal Law Amendment Act, 1932 — Section 17(i)(ii)
RESULT
Allowed
CASE NUMBER
Bail Application No. 10340 Of 2020
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Judgment

19 paragraphs · 372 words

Heard the parties through video conferencing. Learned counsel for the petitioners 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 petitioners, the defects pointed out by the stamp reporter are ignored for the

present.

The petitioners have moved this Court for grant of bail in connection with S.T. Case No.164 of 2019 arising out of Lawalong P.S. Case No.11 of 2018

(G.R. No.236 of 2018) registered under sections 414 of the Indian Penal Code, Section 25 (1-b)A/26/35 of Arms Act and under Section 17 (i) (ii) of

C.L.A. Act.

The learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners are the members of TPC extremist

organization. It is further submitted that the allegations against the petitioners are all false and the petitioners are not named in the FIR and they have

been implicated in this case only on the basis of the confessional statement of the co-accused persons. It is next submitted that the petitioners have

been in custody since 24.09.2020 as has been mentioned in paragraph no. 16 of the bail application. It is then submitted that the co-accused person has

already been admitted to bail by a coordinate Bench of this Court vide orders dated 22.11.2018 and 27.08.2019 in B.A. Nos.9269 of 2018 and 7368 of

2019. It is lastly submitted that the petitioners undertake to cooperate with the trial of the case. Hence, it is submitted that the petitioners be admitted

to bail.

The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to

enlarge the above named petitioners on bail. Accordingly, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 25,000/-

(Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.S.J-VI, Chatra, in connection with

S.T. Case No.164 of 2019 arising out of Lawalong P.S. Case No.11 of 2018 (G.R. No.236 of 2018) with the condition that the petitioners will

cooperate with the trial of the case.