Shivanand Ram vs State of Jharkhand

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 Khunti P.S. Case No.204 of 2017 corresponding to G.R. No.507 of 2017 (S.T. No.124 of

2018) registered under Sections 363/365/120B/34 of the Indian Penal Code (charge-sheet submitted under Section 363, 364A, 365, 120-B, 34 of the

Indian Penal Code).

Learned counsel for the petitioner submits that the allegation against the petitioner is that the victim Piyush Kumar was kidnapped by Dinesh Sahu and

others and the petitioner is not named in the F.I.R. It is submitted that the allegation against the petitioner is false. It is then submitted that the

petitioner undertakes to co-operate with the trial of the case. It is further submitted that though the petitioner has been in custody since 16.01.2018 but

so far not a single witness has been examined in this case. It is also submitted that the petitioner has been implicated in this case only because he is a

salaried employee of the co- accused Dinesh Sahu who is the main accused of the case. It is next submitted that in his statement recorded under

Section 164 Cr.P.C. the victim has named Dinesh Sahu to be the main culprit and the petitioner along with the victim was locked in a room. It is lastly

submitted that the co-accused Shivam Kumar @ Golu @ Gulu, with similar allegations, has already been released on bail by a co-ordinate Bench of

this Court vide order dated 02.07.2020 passed in B.A. No.3691 of 2020. 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 Sessions Judge-1, Khunti in connection with Khunti P.S. Case

No.204 of 2017 corresponding to G.R. No.507 of 2017 (S.T. No.124 of 2018) with the condition that he will co- operate with the trial of the case.