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Judgment
Heard the parties through video conferencing.
Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
In view of personal undertaking given by the 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 Tandwa P.S. Case No. 13 of 2015, corresponding to G.R. No.175 of 2015 registered under
sections 147/148/149/341/323/504/506/435/427 of the Indian Penal Code subsequently Section 420, 468, 379, 411 of I.P.C. Section 16/18 of UAP Act
and Section 17 (i)(ii) of Criminal Law Amendment Act has been added.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the F.I.R. has been instituted against two named persons and
other unknown extremists and the allegation is that they committed mischief fire and burning the poklain machine and other vehicles on the
construction site. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner is not named in the F.I.R. and
he has been implicated in this case only on the basis of confessional statement of co-accused person. It is then submitted that the petitioner undertakes
to co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 11.09.2020, after being remanded in this case
from Tandw P.S. Case No. 22 of 2018, as mentioned in paragraph 16 of the bail application. Hence it is submitted that the petitioner be released on
bail.
Learned Addl. P.P. opposes the prayer for bail.
Considering the facts of this case, the above named petitioner is directed to be enlarged 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 Chief Judicial Magistrate, Chatra in connection with
Tandwa P.S. Case No. 13 of 2015, corresponding to G.R. No.175 of 2015 with the condition that he will co- operate with the trial of the case.
