Rakesh Yadav vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Manoj Kumar No.2. Learned counsel for the petitioner has submitted that defect no. 9 (i), as per Stamp

Reporting dated 06.07.2020, has not been removed, which he undertakes to remove within 30 days after the lock down period is over and the bail

application may be heard, as it is a regular bail application of the petitioner.

Considering the same, this Court is inclined to hear the instant bail application on merits, but with condition that petitioner shall remove the defect(s)

within 30 days after the lock down period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the lock down period is over so as to remove the defect(s).

Learned counsel for the petitioner has submitted that the petitioner has prayed for grant of regular bail in connection with Ramgarh P.S. Case No.

03/2020 for the offence registered under Sections 387/34 I.P.C. and Section 25(1-B)a, 26 and 35 Arms Act and Section 17 C.L.A. Act.

Learned counsel for the petitioner has submitted that one Vivek Yadav was caught by police with one country made loaded pistol of . 315 live

cartridge and on the disclosure made by him regarding the accused who fled away, the name of the petitioner Rakesh Yadav and other accused

persons namely, Ashish Sao and Bijay Ram have been transpired.

Learned counsel for the petitioner has submitted that the petitioner has no criminal antecedent and co-accused Bijay Ram has been granted bail by this

Court vide order dated 27.07.20020 passed in B.A. No. 4915/2020, as such, petitioner who is in custody since 05.01.2020, may also be enlarged on

bail.

Learned counsel for the State, Mr. Someshwar Roy, Additional Public Prosecutor has opposed the prayer for bail, but has not disputed that this

petitioner was not apprehended at the spot.

Considering the rival submissions of the parties, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten

Thousand) with two sureties of the like amount each in connection with Ramgarh P.S. Case No. 03/2020 to the satisfaction of learned Judicial

Magistrate, 1st Class, Palamau at Daltonganj on the following conditions:

(i) One of the bailors shall be the deponent / parivikar of the present case namely, Vinod Yadav, son of Krishna Yadav, resident of Village-

Madhokhar, P.O. & P.S. - Ramgarh, District - Ramgarh, who has furnished photocopy of his UID Card bearing number is 4830 1855 0254 before this

Court in the bail application.

Office is directed to send the photocopy of UID Card bearing no. 4830 1855 0254 of deponent alongwith this order to the court below so as to verify

the authenticity of the bailor.

(ii) Another bailor shall be close relative of the petitioner i.e. father / mother / son / wife / brother.

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

(iv) The Civil Surgeon, Ramgarh is directed to medically examine the petitioner at the time of his release and if he is infected with corona virus, he

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) The petitioner shall follow all the guidelines issued by the Government to meet the challenges of Covid-19, as presently Country is passing through

pandemic of Covid-19.

Accordingly, the instant bail application is allowed.