Sanjay Oraon vs State Of Jharkhand

Learned counsel for the petitioner has submitted that though there are defect nos.9(i) to 9(vi) in the bail application as pointed out by the stamp reporter but he has filed an undertaking that he shall remove the defects within 30 days after the physical court starts and the bail application may be heard as it is a regular bail application in which petitioner is in custody since 11.07.2019. Considering the same, this Court is inclined to hear the bail application on merits but with condition that petitioner shall remove the defects within 30 days after the physical court starts.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the physical court starts so as to remove the defects. Heard, learned counsel for the petitioner, Mr. A.K. Chaturvedy and learned counsel for the State, Mr. Nawin Kr. Singh.

Learned counsel for the petitioner has submitted that petitioner has prayed for grant of regular bail in connection with Palkot P.S. Case No.87 of 2017, corresponding to G.R. No.1155 of 2017, for the offence registered under Section 392 IPC.

Learned counsel for the petitioner has submitted that the name of the petitioner has been disclosed by the informant on the basis of disclosure made by one, Niranjan Ekka, a witness not of the occurrence but has seen the petitioner along with two others near the place of occurrence at culvert though nothing has been recovered from the possession of the petitioner nor the petitioner has been put on TIP so as to be identified by the informant, who is sole eye witness to the occurrence.

Learned counsel for the petitioner has further submitted that chargesheet has already been submitted on 04.09.2019 and the petitioner is in custody since 11.07.2019 and he has one criminal antecedent with respect to Gumla P.S. Case No.309 of 2017, registered under Sections 25(1-B)a, 26/35 of the Arms Act, as such, petitioner may be enlarged on regular bail.

Learned counsel for the State has opposed the prayer for bail and has submitted that petitioner has criminal antecedent and if he is released on regular bail, he may again commit such offence.

After hearing, learned counsel for the parties and perusing the materials brought on record and looking upon the facts that informant has named this person in the FIR on the basis of disclosure made by the Niranjan Ekka, a witness not of the occurrence but has seen the petitioner along with two others near the place of occurrence at culvert and the petitioner has not been put on TIP, this Court is inclined to grant Bail to the petitioner. Accordingly, petitioner (Sanjay Oraon), is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Gumla in connection with Palkot P.S. Case No.87 of 2017, corresponding to G.R. No.1155 of 2017 on the following conditions:-

(i) One of the bailors shall be deponent/parivikar of the present case namely, Shankar Munda, S/o Mahadev Munda, R/o Village- Rekma, P.O. & P.S.- Gumla, District- Gumla (Jharkhand), who has furnished photocopy of his UID Card bearing No.6131 1000 0729 before this Court in the bail application.

Office is directed to send photo copy of the UID Card bearing No. 6131 1000 0729 of deponent along with this order to the court below so as to verify the authenticity of the bailor.

(ii) Another bailor shall be father/mother/son/sister/brother.

(iii) Petitioner shall appear before the learned trial court on each and every date till conclusion of the trial.

(vi) 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 require, petitioner 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) Petitioner shall also comply with all the guidelines issued by the Government to meet the challenges of Covid-19, as the country is passing through Pandemic of Covid-19.