Rishikesh And Ors vs State Of Jharkhand

The application has been filed jointly by the petitioners though there are defects with regard to name of the district of petitioner no. 2 and address part at page-2 of the application.

Learned counsel for the petitioners Mrs. Rashmi Kumari has submitted that she will remove the defects within 30 days after the lock down period is over as the country is passing through pandemic disease (COVID-19).

Learned counsel for the petitioners is directed to add Section 411 of the Indian Penal Code in para-1 and prayer portion of the bail application.

Learned counsel for the petitioners has submitted that she will make necessary correction within 30 days after the lock down period is over.

Office is directed to place the file before Joint Registrar (Judicial) for compliance of this order after 30 days after lock down period is over.

Heard, learned counsel for the petitioners Mrs. Rashmi Kumari and learned counsel for the State, Mr. Shiv Shankar Kumar, Additional Public Prosecutor.

Petitioners namely, Rishikesh and Raj Kumar Choudhary @ Munna Choudhary have prayed for grant of regular bail in connection with Telaiya P.S. Case No. 252/2019 for the offence registered under Section 379 of the I.P.C.

Learned counsel for the petitioners has submitted that F.I.R. was initially registered against unknown person for theft of motorcycle bearing registration no. JH-12F-3536, but subsequently on suspicion, the petitioners are arrested on 20.12.2019 and on disclosure made by them, several motorcycles have been recovered, but the stolen motorcycle of the present case i.e. JH-12F-3536 has not been recovered from the possession of the petitioners. As such, the police has added Section 411 of the I.P.C. against the petitioners. The cognizance of the offence has also been taken under Sections 379/411 of the I.P.C., but these petitioners have no criminal antecedents. As such, the petitioners may be enlarged on bail on any condition imposed by this Court.

Learned counsel for the State has opposed the prayer for bail and has submitted that on disclosure made by these petitioners, seven stolen motorcycles have been recovered from their possession, as such, these petitioners are involved in several cases, but till date, the Investigating Officer has not connect the stolen motorcycles with their respective cases. As such, these petitioners may not be enlarged on bail.

After hearing learned counsel for the parties and on the basis of materials brought on record, since the petitioners have no criminal antecedent and the motorcycle of the present case i.e. JH-12F-3536 has not been recovered, as such, this Court is inclined to enlarge the petitioners on regular bail on condition that petitioners shall appear before the learned trial court on each and every date till conclusion of trial but after the lock down period is over. At this juncture, learned counsel for the petitioners submitted that petitioners may be given exemption for certain days to appear in examination.

This Court directs the petitioners to seek such permission from the trial court by filing an application supported by documents.

If such prayer is made, the trial court is at liberty to consider the same in accordance with law, so that the petitioners may also get an opportunity to reform themselves and come in the mainstream.

The petitioners shall be released on personal bond of Rs. 5,000/- (Rupees Five Thousand) each in connection with Telaiya P.S. Case No. 252/2019, to the satisfaction of learned Chief Judicial Magistrate, Koderma, as Country is presently passing through a pandemic disease (COVID-19), but after the lock down period is over, the petitioners shall furnish two bailors / sureties of Rs. 20,000/- (Rupees Twenty Thousand) each within a period of 30 days before the learned trial court.

The Jail Authority shall release the petitioners only after their medical check-up.

The Civil Surgeon, Koderma is directed to medically examine the petitioners and if require, petitioners shall be taken for quarantine, but if no such requirement is there, they shall be released on personal bond of Rs. 5,000/- (Rupees Five Thousand) each with aforesaid conditions by the trial court.

It is made clear that petitioners have to appear before the learned trial court on each and every date till conclusion of trial after the lock down period is over except the exemption granted by the learned trial court, failing which, the trial court is at liberty to cancel the bail bonds of the petitioners.

Accordingly, the instant bail application is allowed.