Sunil Tiwary 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 been made accused in connection with R.I.T. P.S. Case No. 105 of 2020 registered under sections 387 of the Indian Penal Code

and Section 27 of Arms Act read with Section 3 of the Explosive Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with co-accused persons had come on a

motorcycle and apart from firing had hurled bombs at the work site and threatened not to start work without the permission of Krishna Rao. It is

submitted that the allegation against the petitioner is false. It is next submitted that the petitioner is not named in the F.I.R. and has been implicated in

this case only on the basis of confessional statement of the co-accused, without putting the petitioner on T.I. parade, charge-sheet has been submitted

against him in this case. It is next submitted that co-accused, with similar allegations, has been granted bail by the Co-ordinate Bench of this Court

vide order dated 10.11.2020 and 07.12.2020 passed in B.A. No.8570 of 2020 and B.A. No. 8979 of 2020 respectively. It is next submitted that the

petitioner undertakes to cooperate with the trial of the case. It is further submitted that the petitioner is in custody since 10.07.2020 as mentioned in

paragraph 07 of the bail application. Hence it is submitted that the petitioner be released on bail.

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 Chief Judicial Magistrate, Seraikella in connection with R.I.T.

P.S. Case No. 105 of 2020 with the condition that he will cooperate with the trial of the case.