Sunil Kumar Soni vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. Sanjay Kumar Pandey.

Learned counsel for the petitioner has submitted that defect nos. 9(i) to 9(v), as per Stamp Reporting dated 10.07.2020, have not been removed, which

he undertakes to remove within 30 days after the lock down period is over and the bail application may be heard, as it is a regular bail application of

the petitioner.

Considering the same, this Court is inclined to hear the instant bail application on merits, but with condition that petitioner shall remove the defect(s)

within 30 days after the lock down period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the lock down period is over so as to remove the defect(s).

Learned counsel for the petitioner has submitted that the petitioner has prayed for grant of regular bail in connection with Manjhian P.S. Case No.

129/2017, corresponding to G.R. No. 1593/2017, for the offence registered under Sections 307/353 I.P.C. and Sections 25(1A), 25(1AA), 25(1-B)e,

26, 35, 27 Arms Act.

Learned counsel for the petitioner has submitted that at Rani Tali Hills, illegal mini gun factory was found and thereafter, several persons including the

petitioner has been made accused. From the possession of the petitioner, one country made rifle with .315 bore cartridge along with five live cartridges

kept in a pouch has been recovered.

Learned counsel for the petitioner has submitted that petitioner is in custody since 13.09.2017, the charge has already been framed on 29.01.2018, ten

witnesses have already been examined and the co-accused Baleshwar Singh has been enlarged on bail vide order dated 12.04.20108 passed in B.A.

No.1109 of 2018, Shambhu Singh has been enlarged on bail vide order dated 19.03.2018 passed in B.A. No.1654/2018, Basant Biswakarma has been

enlarged on bail vide order dated 22.10.2018 passed in B.A. No.6814 of 2018, as such, petitioner may also be enlarged on bail.

Learned counsel for the State, Mr. Nawin Kumar Singh Additional Public Prosecutor has opposed the prayer for bail and has submitted that a country

made rifle with .315 bore cartridge along with five live cartridges in a pouch have been recovered from the possession of the petitioner and petitioner

has also criminal antecedent, as such, petitioner may not be enlarged on bail.

Considering the rival submissions of the parties, since petitioner is in custody since 13.09.2017 and charge has already been framed on 29.01.2018, ten

witnesses have been examined and other co-accused Baleshwar Singh, Shambhu Singh and Basant Biswakarma have already been enlarged on bail,

the petitioner is directed to be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount

each in connection with Manjhian P.S. Case No. 129/2017, corresponding to G.R. No. 1593/2017 to the satisfaction of learned District Sessions

Judge-VI, Garhwa on the following conditions:

(i) One of the bailors shall be the deponent / parivikar of the present case namely, Ankit Kumar, son of Bihari Ram, resident of Village - Adarsh

Nagar, Pathak Tola, P.O. - Nawada, P.S. - Garhwa, District - Garhwa, who has furnished photocopy of his UID Card bearing number 9962 8102

9334 before this Court in the bail application.

Office is directed to send the photocopy of UID Card bearing no. 9962 8102 9334 of deponent alongwith this order to the court below so as to verify

the authenticity of the bailor.

(ii) Another bailor shall be close relative of the petitioner i.e. father / mother / son / wife / brother.

(iii) Petitioner shall appear before the learned trial court on each and every date till conclusion of the trial, failing which the trial court shall cancel the

bail bonds of the petitioner.

(iv) The Jail Authority shall release the petitioner only after his medical check-up.

(v) The Civil Surgeon, Garhwa is directed to medically examine the petitioner at the time of his release and if he is infected with corona virus, he 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) The petitioner shall follow all the guidelines issued by the Government to meet the challenges of Covid-19, as presently Country is passing through

pandemic of Covid-19.

Accordingly, the instant bail application is allowed.