Rampravesh Yadav vs State Of Jharkhand

Heard through V.C.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within a period of four weeks from today.

The instant application has been preferred by the petitioner for grant of regular bail in connection with Hunterganj, P.S. Case No. 140 of 2019, corresponding to S.T. Case No. 24 of 2020, registered under Sections 376, 511 and 506 of the Indian Penal Code, pending in the court of learned Additional Sessions Judge- III, Chatra.

Learned counsel for the petitioner submits that the petitioner had earlier moved before this Court in B.A. No. 4150 of 2020, however, the same was dismissed with an observation that the petitioner will be at liberty to renew his prayer for bail.

Pursuant to the order dated 21.07.2020; no development has been taken place due to COVID 19. Faced with this situation the petitioner moved before the learned court below for grant of regular bail which was rejected with the observation that though charge has been framed but due to present situation the witnesses could not be able to turn up due to Covid-19, pandemic crisis.

Learned counsel for the petitioner further submits that due to the present pandemic crisis, there is no likelihood of early trial, in this view of the matter the petitioner may be enlarged on bail.

Per contra, learned APP has opposed the prayer for bail.

Having regard to the facts of the case especially the fact that due to the present situation erupted due to Covid-19, no witnesses has turned up and trial is delayed and there is no likelihood of early trial also. In this view of the matter, I am inclined to enlarge the petitioner on bail. Accordingly, the above named, petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-III, Chatra, in connection with Hunterganj, P.S. Case No. 140 of 2019, corresponding to S.T. Case No. 24 of 2020.

Further, the petitioner shall appear on each and every date during trial before the learned trial court whenever the functioning of regular court begins. Till then, the petitioner shall register his presence before the concerned police station fortnightly, failing which, the learned trial court shall be at liberty to cancel his bail.

With the aforesaid directions, this bail application is allowed and disposed of.