Reyaz Ansari vs State Of Jharkhand

Learned counsel for the petitioner has submitted that there are defect(s) being 9(i) to 9(ii) in the instant bail application, as pointed out by the Stamp

reporting dated 06.07.2020, but he has given an undertaking that he shall remove the defect(s) after the lockdown period is over and the bail

application may be heard as it is a regular bail in which the petitioner is in custody since 28.11.2019.

Considering the same, this Court is inclined to hear the bail application on its merits, but with condition that petitioner shall remove the defect within 30

days after the lockdown period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order within 30 days after the lockdown period is over so as to remove the

defect(s).

Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, who is accused for offence under Sections 385, 387, 452, 307, 427/34 of the Indian Penal Code and under Section 27 of the Arms Act,

prays for regular bail in connection with Patratu P.S. Case No.15 of 2019.

Learned counsel for the petitioner has submitted that the instant FIR has been lodged by the Police on the basis of the self-statement of Officer-in-

Charge of Patratu Police Station, name of the petitioner has been mentioned in the FIR, but there is no recovery from the possession of the petitioner

nor any person has sustained any injury and the co- accused, Bittu Ansari @ Sohail Ansari and Pintu Kumar Mahato @ Mukesh Kumar @ Pintu

Kumar as well as Kudus Ansari @ Kuddus have been granted bail vide order dated 30.07.2019 passed in B.A. No.6345 of 2019.

Learned counsel for the petitioner has thus, submitted that the petitioner who is in custody since 28.11.2019 having no criminal antecedent, may be

enlarged on regular bail by putting any stringent conditions as there is no material against the petitioner in the present case.

Learned counsel for the State has opposed the prayer for regular bail and has submitted that this petitioner has criminal antecedent as he is involved in

as many as 36 cases, as such, he may not be enlarged on regular bail Considering the rival submissions of the parties and perusing the materials

available on record, it appears that there is no legal material against the petitioner apart from the criminal antecedent and and the co- accused, Bittu

Ansari @ Sohail Ansari and Pintu Kumar Mahato @ Mukesh Kumar @ Pintu Kumar as well as Kudus Ansari @ Kuddus have been granted bail

vide order dated 30.07.2019 passed in B.A. No.6345 of 2019. As such, the petitioner [Reyaz Ansari], is directed to be released on regular bail, on

furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,

1 st Class, Ramgarh, in connection with Patratu P.S. Case No.15 of 2019, subject to the following conditions :-

(i) One of the bailors shall be deponent of the present petition, namely, Shankar Vishkarma, S/o Sukhdev Vishkarma R/o Village- Transport Nagar

Kujuu, P.O. Murpa, P.S. Kuju, District- Ramgarh, having his UID NO.2722 6499 7367.

Office is directed to send a copy of this order along with photocopy of the UID Card bearing No. 2722 6499 7367 of deponent to the court below so

as to verify the authenticity of the bailor/deponent.

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

(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 requires, petitioner 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) Petitioner shall appear before the Officer-in-Charge of the concerned Police Station on each Monday of each English Calendar Month at 10.30

a.m. and he shall put his signature in the Register.

However, Any default made by the petitioner shall be informed by the Officer-in-Charge to the learned trial court and if any violation is found, the

learned trial court shall cancel the bail bonds of the petitioner.

(vi) Petitioner shall appear before the learned trial court on each and every date till conclusion of the trial.

(vii) Petitioner shall also comply with all the guidelines issued by the Government so as to meet the challenges of Covid-19, as the country is passing

through Pandemic of Covid-19.