Ram Murmu vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Arvind Kumar Choudhary.

Learned counsel for the petitioner has submitted that defect nos. 4, 5 (e), 9(i) & 9(ii), as per Stamp Reporting dated 10.07.2020, 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 Gamharia P.S. Case No.

27/2020, for the offence registered under Sections 188, 341, 332, 353, 307, 34 I.P.C. read with Section 3 Epidemic Disaster Act.

Learned counsel for the petitioner has submitted that it is alleged in the F.I.R. that two persons were found at Usha More in front of Passenger Shed.

One was lying on the white Scooty and another was standing beside him then the informant asked them that what are they doing there during lock

down period. Upon which the accused persons have assaulted the companion of informant namely, Kumar Gautam, due to which he sustained injury

on his right hand and informant also sustained injury.

Learned counsel for the petitioner has submitted that both the police personnel have sustained injury because of assault.

Learned counsel for the petitioner has submitted that though the petitioner has one criminal antecedent with regard to scuffle in the village, which has

already been settled between the parties and petitioner is in custody since 11.04.2020.

Learned counsel for the State, Mr. Sardhu Mahto, Additional Public Prosecutor has opposed the prayer for bail.

Considering the rival submissions of the parties and also looking into the period of custody, 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 Gamharia P.S. Case No. 27/2020 to

the satisfaction of learned Chief Judicial Magistrate, Seraikella on the following conditions:

(i) One of the bailors shall be the deponent / parivikar of the present case namely, Pritam Mohanty, son of Arjun Mohanty, resident of Pathagar Road

Ward No. 3, P.O. & P.S. - Seraikella, District - Seraikella-Kharsawan, Seraikella, Jharkhand, who has furnished photocopy of his UID Card bearing

number 7600 4774 4387 before this Court in the bail application.

Office is directed to send the photocopy of UID Card bearing no. 7600 4774 4387 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, Seraikella 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 prevent society from infection during the Covid-19. Any violation of

guidelines by the petitioner in future will entitle the State to file cancellation of bail.

Accordingly, the instant bail application is allowed.