Roushan Turi vs State Of Jharkhand

Learned counsel for the petitioner has submitted that though there is defect no.9(i) in the bail application as pointed out by the stamp reporter but he

has filed an undertaking that he shall remove the defect(s) after the lockdown period is over and the bail application may be heard as it is a regular bail

in which petitioner is in custody since 11.02.2020. Considering the same, this Court is inclined to hear the bail application on merit but with condition

that petitioner shall remove the defect(s) within 30 days after the lockdown period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the lockdown period is over so as to remove the defect(s). Heard,

learned counsel for the petitioner, Mr. A.K. Chaturvedy and learned counsel for the State, Ms. Nehala Sharmin.

Petitioner has prayed for grant of regular bail in connection with Rajpur P.S. Case No.98 of 2019, for the offence registered under Sections 121A

IPC, Sections 3/4/5 of Explosive Substance Act and Section 17(1)(ii) of the Criminal Law Amendment Act.

Learned counsel for the petitioner has submitted that on the basis of suspicion, the police instituted the FIR against 21 named accused persons but

similarly situated accused persons namely, Almuddin Miyan @ Allaudin Miyan has been enlarged on bail by co-ordinate Bench of this Court vide

order dated 10.07.2020 in B.A. No.3918 of 2020 and Shankar Yadav has also been enlarged on bail by co-ordinate Bench of this Court vide order

dated 07.08.2020 in B.A. 4339 of 2020 and this petitioner is also in custody since 11.02.2020 and except Rajpur P.S. Case No.94 of 2019, for the

offence registered under Section 120 IPC and 17 of the CLA and there is no other criminal antecedent, as such, he may be enlarged on bail.

Learned counsel for the State has opposed the prayer for bail on the ground that this petitioner has criminal antecedent, as such, petitioner may not be

enlarged on regular bail.

After hearing, learned counsel for the parties and perusing the materials brought on record, since the other co-accused persons have been enlarged on

bail, as such, petitioner (Roushan Turi), is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two

sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Chatra in connection with Rajpur P.S. Case No.98

of 2019 on the following conditions:-

(i) One of the bailor shall be deponent of the present petition namely, Baleshwar Kumar, S/o Mewa Yadav, R/o Village- Pathel, P.O.- Majhaulia,

P.S.- Rajpur, District- Chatra having UID No.424601515917.

Office is directed to send photo copy of the UID Card bearing No. 424601515917 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 of the petitioner.

(iii) Petitioner shall appear before the learned trial court on each and every date, failing which the learned trial court shall 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.