Shamser Alam @ Samsher Alam 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 Mandu (Kujju) P.S. Case No.123 of 2019 registered under sections

420/406/120B/34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the driver of the truck bearing registration

no.NL-01K-5521 from which loaded coal had been unloaded at Dehri Mandi in lieu of Rs.70,000/- paid by the petitioner in connivance with his cousin-

Ekramul Ansari while the said coal was to be unloaded at Rahul Coke Pvt. Ltd. as per consignment note. It is further submitted that the allegations

against the petitioner are all false and the petitioner is neither the driver of the truck bearing registration no.NL-01K-5521 nor he has any concern with

the same and in fact the driver of the vehicle is Vijay Yadav who is also the owner of the said truck. It is then submitted that the petitioner is working

at Patratu Vidyut Utpadan Nigam Ltd. and in this respect, learned counsel for the petitioner draws attention of this Court to the gate pass of the

petitioner issued by his employer kept at Annexure-2. It is next submitted that on the request of his brother- Ekramul Ansari, the petitioner visited the

office of Patna-Delhi Roadways of the informant and helped the said truck booked for transportation of coal and beyond that the petitioner has no

involvement in the occurrence. It is next submitted that the petitioner has been in custody since 24.06.2020 as has been mentioned in paragraph no. 15

of the bail application. 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 A.C.J.M., Ramgarh, in connection with Mandu (Kujju)

P.S. Case No.123 of 2019 with the condition that the petitioner will cooperate with the trial of the case.