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Judgment
6 paragraphs · 384 wordsHeard the parties through Video Conferencing.
Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the lockdown is over.
In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the present.
The petitioner has been made accused in connection with Narayanpur P.S. case no. 18 of 2018 corresponding to Split G.R. (B) case no. 80 of 2018 registered under Sections 302, 34 of the Indian Penal Code, Section 27 of the Arms Act.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused has committed the murder of son of the informant. It is then submitted by learned counsel for the petitioner that the allegation against the petitioner is false. It is further submitted by learned counsel for the petitioner that the petitioner has been implicated in this case on the basis of the confessional statement of the co-accused persons. It is further submitted by learned counsel for the petitioner that the petitioner is not named in the FIR and charge sheet has been submitted against the petitioner in this case. It is further submitted by learned counsel for the petitioner that the petitioner has been in judicial custody since 20.02.2020 as mentioned in paragraph 1 of the bail application and the petitioner is ready and willing to co-operate with the trial of the case and co-accused with similar allegations have already been released on bail by a co-ordinate Bench of this court vide order dated 14.09.2018 passed in BA nos. 5341 of 2018 with 5351 of 2018 hence, the petitioner may be released on bail.
Learned Addl. P.P. opposes the prayer for bail of the petitioner. Considering the facts of the case, 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 to the satisfaction of learned SDJM, Jamtara in connection with Narayanpur P.S. case no. 18 of 2018 corresponding to Split G.R. (B) case no. 80 of 2018 subject to the condition that the petitioner will co-operate with the trial of the case.