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Samir Bankira vs State of Jharkhand

Jharkhand High Court · Decided on 4 February 2021 · Citation: (2021) 02 JH CK 0057

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 398 · Arms Act, 1959 — Section 25(1-A), 25(1-B)a, 26, 35
RESULT
Allowed
CASE NUMBER
Bail Application No. 371 Of 2021
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Judgment

16 paragraphs · 309 words

Heard the parties through video conferencing.

Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the 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 Chaibasa Muffasil P.S. Case No.14 of 2020 (S.T. No.90 of 2020) registered under Sections

398 of the Indian Penal Code, Section 25 (1- A), 25 (1-B)a/26/35 of the Arms Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being armed with deadly weapons has

attempted to commit robbery. It is submitted that the allegation against the petitioner is false. It is next submitted that charge-sheet has already been

submitted in this case. It is further submitted that the co-accused, with similar allegations, has already been admitted to bail by a co-ordinate Bench of

this Court vide order dated 12.10.2020 passed in B.A. No.7979 of 2020. It is then submitted that the petitioner undertakes to co-operate with the trial

of the case. It is lastly submitted that the petitioner has been in custody since 03.02.2020 which is evident from para-13 of the instant bail application.

Hence it is submitted that the petitioner be released on bail.

Learned Addl. P.P. opposes the prayer for bail. Considering the facts of this case, the above named petitioner is directed to be enlarged 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 Additional

Sessions Judge-IV at Chaibasa in connection with Chaibasa Muffasil P.S. Case No.14 of 2020 (S.T. No.90 of 2020) with the condition that he will co-

operate with the trial of the case.