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Judgment
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 moved this Court for grant of bail in connection with Barhi P.S. Case No.161 of 2020 registered under sections 188/392 of the
Indian Penal Code and under Section 51B of Disaster Management Act, 2005.
The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has looted the mobile phone and Rs.5000/-
from the informant. It is further submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner has been in
custody since 14.05.2020 as has been mentioned in paragraph no. 8 of the bail application. It is then submitted that the petitioner undertakes to pay Rs.
10,000/- as ad interim victim compensation to the informant without prejudice to his defence in this case. It is lastly submitted that the petitioner
undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail.
The 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 depositing a demand draft of Rs.10,000/- in
favour of informant and 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 Barhi P.S. Case No.161 of 2020 with the condition that the petitioner will
cooperate with the trial of the case.
In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over
the said demand draft to him, after proper identification.