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Judgment
Heard Mr. Amit Kumar, learned counsel appearing on behalf of the petitioner.
Heard Ms. Nehala Sharmin, learned counsel appearing on behalf of the opposite party- State of Jharkhand.
Learned counsel for the petitioner submits that the petitioner is in custody since 25.08.2018 in connection with Kadma P.S. Case No. 187 of 2018 registered under Sections 147, 148, 149, 341, 323, 504, 324, 326, 307, 384, 386, 387 and 120-B of the Indian Penal Code, now pending in the court of learned Addl. Sessions Judge-VI, Jamshedpur in S.T. Case No. 423 of 2018.
Learned counsel for the petitioner submits that bail application of the petitioner was earlier rejected by this Court vide order dated 26.07.2019 in B.A. No. 6203 of 2019 and the petitioner is in custody since 25.08.2018. In the said order, there was an observation made by this Court that the petitioner may renew his prayer for bail after a period of one year.
Learned counsel for the petitioner further submits that the informant of this case has been examined and he has been declared hostile and he has neither identified the petitioner not taken the name of the petitioner as an accused. Learned counsel also submits that on identical circumstances, considering the deposition of the informant, the co-accused namely, Prashant Nandi @ Korna has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 26.06.2020 passed in B.A. No. 1625 of 2020.
Learned counsel for the opposite party- State, on the other hand, opposes the prayer for bail, but she is not in a position to dispute the submission of the petitioner that the co-accused, who is similarly situated as that of the petitioner, has been enlarged on bail by a co-ordinate Bench of this Court.
After hearing the learned counsel for the parties and considering the facts and circumstances of the case particularly the fact that the informant has been declared hostile and he has not supported the allegation so far as the petitioner is concerned, and the co-accused namely, Prashant Nandi @ Korna, who is said to be similarly situated as that of the petitioner has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 26.06.2020 passed in B.A. No. 1625 of 2020, 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 the learned Additional Sessions Judge-VI, Jamshedpur in connection with Kadma P.S. Case No. 187 of 2018, S.T. Case No. 423 of 2018, on the following conditions:
(i) The petitioner would fully cooperate with the proceedings before the learned court below.
(ii) One of the bailors should be close family member of the petitioner.
The instant application is allowed with the aforesaid conditions.
Let a copy of this order be communicated to the learned court below through "FAX/E-mail."