Urmila Baraik vs State of Jharkhand

Heard learned counsel for the parties through V.C.

The instant application has been preferred by the petitioner for grant of regular bail in connection with Gumla P.S. Case No.305 of 2019, registered under Sections 406, 408, 418, 419, 420, 465, 468, 471, 120B of the IPC, which is pending before the learned Chief Judicial Magistrate, Gumla.

Learned counsel for the petitioner submits that as per the prosecution case this petitioner is residing with another co-accused, namely, Lakendra Sahu in live-in relationship and in his bank account some amount has been transmitted through Bank. He further submits that this petitioner has been implicated in this case only due to the reason that she was an accountant. He further submits that the charge-sheet has already been submitted in this case and there is no chance of embezzlement or tampering with the evidences. He further submits that there is no likelihood of early conclusion of trial and no fruitful purpose would be served by retaining this petitioner into the jail custody. He further submits that the petitioner is ready to abide by any condition as imposed by this Court or the trial court for grant of bail.

Learned A.P.P. on the other hand opposes the prayer for bail of the petitioner, however he fairly submits that due to lockdown conclusion of trial is not possible in near future. However, he submits that the amount involved in the scam is very high.

Having heard learned counsel for the parties and after going through the materials available on record, I am of the considered opinion that though the charge sheet has already been submitted in this case but due to the present situation arisen after the epidemic due to COVID 19, there is no likelihood of conclusion of trial in near future, as such the petitioner is directed to be released on bail. At present, the petitioner shall be released on furnishing personal bail bond of Rs.5,000/-(Five Thousand Only), thereafter, when the Lockdown period is over, the petitioner shall furnish bail bond of Rs. 10,000/- (Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gumla, in connection with Gumla P.S. Case No.305 of 2019, within a period of one month from the date of lifting of Lockdown.

Further, the petitioner shall appear on each and every date during trial before the learned trial court whenever the functioning of regular court begins till then, the petitioner shall register his presence before the concerned police station fortnightly, failing which the learned trial court shall be at liberty to cancel his bail.

With the aforesaid directions, this bail application is allowed and disposed of.