Rakib Ansari @ Rakib Ansari vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Manoj Kumar Sah. Learned counsel for the petitioner has submitted that defect nos. 9 (i) & (ii), as per

Stamp Reporting dated 07.07.2020, have 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 Hanwara P.S. Case No.

18/2020 for the offence registered under Section 379 I.P.C. against unknown person. Subsequently, on the basis of suspicion, the police has arrested

the petitioner and a motorcycle has been recovered from the house of the petitioner.

Learned counsel for the petitioner has submitted that petitioner has no criminal antecedent and he was in custody since 04.03.2020 till 28.04.2020,

when he was granted provisional bail and subsequently, he was surrendered on 05.06.2020 and since then, he is in custody.

Learned counsel for the State, Mr. Satish Prasad, Additional Public Prosecutor has opposed the prayer for bail and has forwarded a memo of

evidence sent by the Officer-in-Charge, Hanwara Police Station, where it is alleged that as per confessional statement, this petitioner has accepted his

guilt and a motorcycle has been recovered as mentioned in para-19 of the case diary. The charge-sheet has also been submitted vide Charge-sheet

No. 27/2020 dated 31.05.2020 under Sections 379/411 of the I.P.C., as such, he may not be enlarged on bail.

Considering the rival submissions of the parties, since the petitioner has no criminal antecedent and he has not absconded by misusing the provisional

bail, 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 Hanwara P.S. Case No. 18/2020 to the satisfaction of learned Judicial Magistrate, 1st Class, Godda on the following

conditions:

(i) One of the bailors shall be the deponent / parivikar of the present case namely, Manovar Ansari, son of Hameed Ansari, resident of Village - Milki,

P.O. - Hesay, P.S. - Dhankund, District - Banka (Bihar), who has furnished photocopy of his UID Card bearing number 2400 3316 1916 before this

Court in the bail application.

Office is directed to send the photocopy of UID Card bearing no. 2400 3316 1916 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) Petitioner shall appear before the learned trial court on each and every date fixed for his appearance, failing which the trial court shall cancel the

bail bonds of the petitioner.

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

(v) The Civil Surgeon, Godda 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.

(vi) 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.