Ritesh Oraon @ Somra Oraon vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Rajesh Kumar Singh.

Learned counsel for the petitioner has submitted that defect no. 9(i), as per Stamp Reporting dated 13.07.2020, has 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 Sisai P.S. Case No. 99/2017,

corresponding to G.R. No. 847/2017, for the offence registered under Section 392 I.P.C.

Learned counsel for the petitioner has submitted that F.I.R. has been lodged against unknown persons but on the basis of confessional statement of

Prakash Lakra, who confessed his guilt in connection with Sisai P.S. Case No. 86/2018, the name of petitioner got transpired in this case. The said

Prakash Lakra has already been enlarged on bail vide order dated 26.11.2018 by a Coordinate Bench of this Court in B.A. No. 9012/2018.

Learned counsel for the petitioner has further submitted that petitioner has not been put on test identification parade nor anything has been recovered

from his possession, as such, petitioner, who is in custody since 20.11.2019, may be enlarged on bail.

Learned counsel for the State, Mrs. Anuradha Sahay, Additional Public Prosecutor has opposed the prayer for bail and has submitted that it appears

from the impugned order at page-19 that there are six criminal cases against the petitioner, as such, petitioner may not be enlarged on bail.

Considering the rival submissions of the parties, it appears that on the basis of the confessional statement of Prakash Lakra, the name of petitioner got

transpired in this case and the said Prakash Lakra has already been enlarged on bail by Coordinate Bench of this Court and also considering the

criminal antecedent of the petitioner, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five

Thousand) with two sureties of the like amount each in connection with Sisai P.S. Case No. 99/2017, corresponding to G.R. No. 847/2017 to the

satisfaction of learned Sub-Divisional Judicial Magistrate, Gumla on the following conditions:

(i) One of the bailors shall be the deponent / parivikar of the present case namely, Tara Kujoor, wife of Vivek Kujoor, resident of Village - Dimba

Pipar Toli, P.O. - Dolaicha, P.S. - Lapung, District - Khunti, who has furnished photocopy of his UID Card bearing number 4130 4217 5381 before

this Court in the bail application.

Office is directed to send the photocopy of UID Card bearing no. 4130 4217 5381 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 till conclusion of the trial, 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, Gumla 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.