Jharkhand High Court
Mithlesh Kumar Saw @ Mithilesh Kumar Saw vs The State Of Jharkhand ..... Opp. Party on 2 November, 2020
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Criminal Miscellaneous Jurisdiction)
B.A. No. 6676 of 2020
Mithlesh Kumar Saw @ Mithilesh Kumar Saw ..... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing)
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For the Petitioner : Mr. Tarun Kumar No. 1, Advocate.
For the State : Ms. Sweta Singh, A.P.P.
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03/Dated: 02/11/2020
Learned counsel for the petitioner has given an undertaking to comply the previous order with regard to removal of the defect(s).
Heard, learned counsel for the petitioner, Mr. Tarun Kumar No. 1 and learned counsel for the State, Ms. Sweta Singh.
Learned counsel for the petitioner has submitted that the petitioner has prayed for grant of regular bail in connection with Giridih (M) P.S. Case No. 75/2020, for the offence registered under Section 392 I.P.C. and Section 27 Arms Act against three unknown accused persons, but during investigation, on the basis of confessional statement of co-accused Deepak Kumar Ram, the name of the petitioner got transpired and thereafter charge sheet has been submitted under Sections 395/412 IPC. and Sections 25(1-B)a, 26, 27 & 35 of Arms Act.
Learned counsel for the petitioner has submitted that counter- affidavit has been filed in this case whereby it has been alleged that this petitioner has confessed his guilt and the same has been recorded in para 47 of the case-diary as Rs.34,500/- has been recovered from the house of the petitioner and the same has been alleged to be the looted money of the case.
Learned counsel for the petitioner has further submitted that co-accused, Deepak Kumar Ram from whose house Rs.30,000/- was recovered has been granted bail by Co-ordinate Bench of this Court vide order dated 09.09.2020 passed in B.A. No.5942/2020, co- accused, Ajay Kumar @ Ajay Hazra from whose house Rs.36,970/- was recovered has been granted bail vide order dated 17.09.2020 passed in B.A. No.6174/2020, co-accused, Jitendra Saw has been -2- granted bail by co-ordinate Bench of this Court vide order dated 21.09.2020 passed in B.A. No.6534 of 2020 and co-accused, Shankar Kumar Ram has been granted bail by co-ordinate Bench of this Court vide order dated 12.10.2020 in B.A. No.7861 of 2020.
Learned counsel for the petitioner has further submitted that petitioner is in custody since 23.03.2020 having no criminal antecedent, as such, he may be enlarged on bail.
Learned counsel for the State, Ms. Sweta Singh has opposed the prayer for bail and has submitted that counter-affidavit has been filed and this petitioner has confessed his guilt. Pursuant thereto recovery has been made, as such, petitioner may not be enlarged on bail.
After hearing, learned counsel for the parties and perusing the materials brought on record and looking into the facts and circumstances of the case that said money has not been put on TIP and considering that co-accused, Deepak Kumar Ram from whose house Rs.30,000/- was recovered has been granted bail by Co- ordinate Bench of this Court vide order dated 09.09.2020 passed in B.A. No.5942/2020, co-accused, Ajay Kumar @ Ajay Hazra from whose house Rs.36,970/- was recovered has been granted bail vide order dated 17.09.2020 passed in B.A. No.6174/2020, co-accused, Jitendra Saw has been granted bail by co-ordinate Bench of this Court vide order dated 21.09.2020 passed in B.A. No.6534 of 2020 and co-accused, Shankar Kumar Ram has been granted bail by co- ordinate Bench of this Court vide order dated 12.10.2020 in B.A. No.7861 of 2020, this Court is inclined to grant Bail to the petitioner. Accordingly, petitioner (Mithlesh Kumar Saw @ Mithilesh Kumar Saw), 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 S.D.J.M., Ramgarh in connection with Giridih (M) P.S. Case No. 75/2020 on the following conditions:-
(i) One of the bailors shall be deponent/parivikar of the present case namely, Manijar Kr. Saw, S/o Nunulal Saw, R/o Village-
Bhelwaghati, P.O.- Jagsimar, P.S.- Bhelwaghati, District- Giridih -3- (Jharkhand), who has furnished photocopy of his UID Card bearing No.7087 0946 0875 before this Court in the bail application.
Office is directed to send photo copy of the UID Card bearing No. 7087 0946 0875 of deponent along with this order to the court below so as to verify the authenticity of the bailor.
(ii) Another bailor shall be mother/father/brother/sister/son.
(iii) The Jail Authority shall release the petitioner only after his medical check-up.
(iv) The Civil Surgeon, Ramgarh 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.
(v) 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.
(Kailash Prasad Deo, J.) sandeep/R.S.