Rahul Kumar Dubey @ Rahul Dubey And Ors vs State Of Jharkhand

Heard the parties through Video Conferencing.

Learned counsel for the petitioners personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the

lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioners the defects pointed out by the Stamp Reporter are ignored for the

present.

The petitioners have been made accused in connection with Olidih P.s. case no. 10 of 2020 instituted under sections 302/34 of the Indian Penal Code

and section 27 of Arms Act.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners in furtherance of their common

intention have murdered Suman Rakshit, the son of the informant. It is then submitted by learned counsel for the petitioners that the allegation against

the petitioners is false. It is further submitted by learned counsel for the petitioners drawing attention of the court to the confessional statement of the

petitioner, that they have categorically stated that petitioner no. 2 has murdered the deceased but there is no allegation against petitioner no. 1. It is

further submitted by learned counsel for the petitioner that the petitioners have been in jail custody since 17.01.2020 as mentioned in paragraph 15 of

the bail application and the petitioners is ready and willing to co-operate with the trial of the case hence, the petitioners may be released on bail.

Learned Addl. P.P. and learned counsel for the informant vehemently oppose the prayer for bail of the petitioners and submits that the petitioner no. 2

is hardened criminal and he fired on the deceased and he is also involved in another case being Mango (Olidih) P.s. case no. 383 of 2016 hence, the

petitioner no. 2 ought not be admitted on bail.

Considering the facts of the case, the only petitioner no. 1- Rahul Kumar Dubey @ Rahul Dubey is directed to be released 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 JM, Jamshedpur in

connection with Olidih P.S. case no. 10 of 2020 subject to the condition that the petitioner will co-operate with the trial of the case.

So far petitioner no. 2 - Rishu Srivastava is concerned, considering the serious allegation against the petitioner no. 2 of murdering the deceased, this

Court is of considered view that this is not a fit case where the petitioner no. 2 be released on bail. Accordingly, the prayer for bail of the petitioner no.

2 is rejected.

Keeping in view the serious nature of offences involved in this case against petitioner no. 2, 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.