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Judgment
20 paragraphs · 397 wordsHeard the parties through Video Conferencing.
Learned counsel for the petitioner 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 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 instituted under sections 387, 307, 120(B), 34 of the
Indian Penal Code and section 27 of the Arms Act.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in criminal conspiracy with the co-
accused persons, attempted to murder- Rohit Mishra, who was working as Site Engineer in Hardeo Construction. It is then submitted by learned
counsel for the petitioner that the allegation against the petitioner is false. It is further submitted by learned counsel for the petitioner that the petitioner
is not named in the FIR and he has been implicated in this case on the basis of the confessional statement of the co-accused person wherein it has
categorically been mentioned that the co-accused shot at the victim. It is further submitted by learned counsel for the petitioner has already been given
the privilege of anticipatory bail by this court vide order dated 06.03.2020 passed in ABA no. 1535 of 2020 subject to condition of paying ad interim
victim compensation of Rs. 1,00,000/- to the informant but he could not deposit the said amount because of his poor financial condition and he was
arrested by police. It is further submitted by learned counsel for the petitioner that the petitioner has been in jail custody since 31.07.2020 as mentioned
in paragraph 7 of the bail application and the petitioner is ready and willing to co-operate with the trial of the case hence, the petitioner may be
released on bail.
Learned Addl. P.P. opposes the prayer for bail of the petitioner. Considering the facts of the case, the petitioner 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 SDJM,
Hazaribag in connection with Barkagaon P.S. case no. 98 of 2019 subject to the condition that the petitioner will co-operate with the trial of the case.
