Pintu Kumar vs State Of Jharkhand

Kailash Prasad Deo, J

Heard, learned counsel for the petitioner, Mr. Abhay Kumar Chaturvedy and learned counsel for the State, Ms. Anuradha Sahay, A.P.P.

Learned counsel for the petitioner has submitted that petitioner has renewed his prayer for bail in connection with Bashisthanagar P.S. Case No. 04 of

2020 (S.T. No.17 of 2021), for the offence registered under Section 394 IPC.

Learned counsel for the petitioner has submitted that petitioner is named in the FIR along with 3-4 unknown persons. During investigation, it has been

found on the basis of confessional statement of this petitioner, Pintu Kumar, that looted articles have been recovered from the house of one co-

accused, Badal Kumar @ Badal Kumar Gupta.

Learned counsel for the petitioner has submitted that from perusal of the seizure list, which has been sent through the e-mail, it appears that signature

of the petitioner is not found on the seizure list, as such, the confession leading to the recovery is not proved so as to come under Section 27 of the

Evidence Act, as such, petitioner may be enlarged on bail as co-accused from whose house the looted articles have been recovered has already been

enlarged on bail vide order dated 18.08.2020 passed in B.A. No.4877 of 2020.

Learned counsel for the State has opposed the prayer for bail and submitted that earlier the prayer for bail of the petitioner has been rejected and

because of pandemic of covid-19 none of the witnesses have been examined by the prosecution though it has been submitted that recovery has been

made pursuant to the disclosure made by this petitioner.

It appears that a report was called for by this Court on 18.06.2021. From perusal of the report, it appears that one of the accused, Badal Kumar @

Badal Kumar Gupta is on bail and is not present physically in the court because of covid-19, as such, charge could not be framed.

Considering the same, this Court is inclined to grant bail to the petitioner as petitioner cannot languish in custody because of laches on the part of the

State Authority.

Accordingly, petitioner (Pintu Kumar), 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 Additional Sessions Judge-IV, Chatra, in connection with Bashisthanagar P.S. Case

No. 04 of 2020 (S.T. No.17 of 2021) on the following conditions:-

(i) One of the bailors shall be deponent of the present petition namely, Jitendra Kumar, S/o Bigan Choudhary, R/o Bind Mohalla, P.O. & P.S. Chatra,

District-Chatra.

Office is directed to send photo copy of the UID Card of deponent along with this order to the court below so as to verify the authenticity of the

bailor.

(ii) Another bailor shall be close relative/ blood relative (father/mother/brother/wife/son) of the petitioner.

(iii) Petitioner shall appear before the learned trial court on each and every date till conclusion of the trial, failing which the learned trial court is at

liberty to cancel the bail bonds of the petitioner.

(iv) The Jail Authority shall release the petitioner only after his medical check- up.

(v) The Civil Surgeon, Chatra is directed to medically examine the petitioner at the time of his release and if require, petitioner shall be taken for

quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(vi) Petitioner shall also comply with all the guidelines issued by the Government to meet the challenges of Covid-19, as the country is passing through

Pandemic of Covid-19.

Let a copy of this order be communicated through “FAX†to the Chief Secretary, Government of Jharkhand as well as the Director Prosecution,

Government of Jharkhand for betterment of the trial at once.