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Judgment
This is second attempt by the petitioner for bail in Pirtand P.S. Case No.5/2002, corresponding to G.R. No.214/2002 [S.T.No. 24/2011] which was
registered for offences under sections 124(A)/122/120(B) IPC, u/s 13 of UAP Act, u/s 17(ii)/18 of CLA Act, u/s 4/5 of Explosive Substance Act, u/s
25(1Âb)a/ 26/ 35 of Arms Act, and u/s 3(5)/ 5(1)/ 20(2)/ 21(10)/ 21(2)/ 21(3)/ 22(2A) of Pota Act, 2001.    Â
Contending that the petitioner is suffering from serious ailments and he is in judicial custody since 05.12.2016 Mr. Mahesh Tewari, the learned counsel
for the petitioner refers to the allegations in the First Information Report to contend that there is no substantial evidence for implication of the petitioner
in this case. In the peculiar facts of the case, the learned counsel for the petitioner urges the Court to take a humanitarian approach while
considering the prayer for grant of bail.
The First Information Report lodged on 02.02.2002 runs into five handÂwritten pages. There are serious allegations levelled against the members of
the extremist organization with which the petitioner has been associated. There are details of extortion money collected from numerous persons,
seizure of arms which runs into five attached pages and other details. Now the case has been committed to the court of sessions. The contention
raised on acquittal of the petitioner in other cases and merits of the case have already been dealt with by this Court in order dated 25.07.2017.Â
Except that in the instant criminal case now charges have been framed, there is no other change in the circumstances, considering which the Court
may consider prayer for grant of bail and accordingly, this application is dismissed. On health condition of the petitioner, the Jail Superintendent,
Giridih is directed to take necessary steps for treatment of the petitioner in the Government hospital, if necessary. In case the petitioner is advised to
seek specialized treatment, he may renew his prayer for bail on medical ground before the learned court below.Â
The bail application stands dismissed.  Â
