Sandeep @ Kail Yadav vs State of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the

stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

The petitioner has moved this Court for grant of bail in connection with Panki P.S. Case No.56 of 2014 (G.R. No. 1374 of 2014), S.T. No. 09 of

2016(A) registered under sections 147/148/ 149/302/120B of the Indian Penal Code, under section 27 of the Arms Act and under section 17 of the

C.L.A. Act.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was the member of an unlawful assembly

and being armed with deadly weapons committed the murder of the brother of the informant. It is further submitted that the allegations against the

petitioner are all false and there is no eye-witness to the occurrence. It is then submitted that the petitioner has been implicated in this case only on the

basis of suspicion and on the basis of confessional statement of the co-accused person. It is next submitted that the petitioner has been in custody for

a considerable period of time. It is then submitted that the co-accused person has already been admitted to bail by a coordinate Bench of this Court

vide order dated 21.07.2020, passed in B.A. No. 3875 of 2020. It is lastly submitted that the petitioner undertakes to cooperate with the trial of the

case. Hence, it is submitted that the petitioner be admitted to bail.

The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to

enlarge the above named petitioner on bail. Accordingly, 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 Additional Sessions Judge-V, Palamau at Daltonganj,

in connection with Panki P.S. Case No.56 of 2014 (G.R. No. 1374 of 2014), S.T. No. 09 of 2016(A) with the condition that he will cooperate with the

trial of the case.