High CourtsSingle Bench(2021) 01 JH CK 0031

Dikshit Kumar @ Dikshit Bhuiyan vs State Of Jharkhand

Jharkhand High Court · Decided on 5 January 2021

HON’BLE JUDGES
Anil Kumar Choudhary, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 10366 Of 2020

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Judgment

18 paragraphs · 346 words

Heard the parties through Video Conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the

lockdown is over.

In view of the personal undertaking given by 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 Chouparan P.S. case no. 296 of 2020 instituted under sections 504, 506 of the Indian Penal

Code and section 25 (1-B) a/ 26 (1) of the Arms Act..

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was in possession of the country

made pistol and one live cartridge of 0.315 bore and threatened the informant for dire consequences. It is then submitted by learned counsel for the

petitioner that the allegation against the petitioner is false. It is further submitted by learned counsel for the petitioner that the petitioner has been

implicated in this case on the basis of the confessional statement of the co- accused persons. It is further submitted by learned counsel for the

petitioner that though the petitioner is not named in the FIR yet without holding the TIP, charge sheet has been submitted against the petitioner. It is

further submitted by learned counsel for the petitioner that the petitioner has been in jail custody since 21.08.2020 as mentioned in paragraph 1 of the

bail application and the petitioner is ready and willing to co-operate with the trial of the case hence, the petitioner may be released on bail.

Learned Addl. P.P. opposes the prayer for bail of the petitioner. Considering the facts of the case, 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 J.M., 1st

class, Hazaribag in connection with Chouparan P.S. case no. 296 of 2020 subject to the condition that the petitioner will co-operate with the trial of the

case.