Rakesh Pandey And Ors vs State Of Jharkhand

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 R.I.T. P.S. Case No.105 of 2020 registered under sections 387 of the Indian

Penal Code, under section 27 of the Arms Act read with section 3 of the Explosive Act.

Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners along with co-accused persons had come on

a motorcycle and apart from firing had hurled bombs at the work site and threatened not to start work without the permission of Krishna Rao. It is

submitted that the allegations against the petitioners are false. It is next submitted that the petitioners are not named in the F.I.R. and have been

implicated in this case only on the basis of confessional statement of the co-accused and without putting the petitioners on T.I. parade, charge-sheet

has been submitted against them in this case. It is next submitted that co- accused, with similar allegations, has been granted bail by the Co- ordinate

Bench of this Court vide order dated 10.11.2020 and 07.12.2020 passed in B.A. No.8570 of 2020 and B.A. No. 8979 of 2020 respectively and also by

this Court vide order dated 09.12.2020, 14.12.2020 & 17.12.2020, passed in B.A. Nos. 9553, 9665 & 10100 of 2020 respectively. It is next submitted

that the petitioners undertake to cooperate with the trial of the case. It is further submitted that the petitioners have been in custody since 10.07.2020

as mentioned in paragraph 07 of the bail application. Hence it is submitted that the petitioners be released on bail.

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 Chief Judicial Magistrate, Seraikella in connection

with R.I.T. P.S. Case No. 105 of 2020 with the condition that they will cooperate with the trial of the case.