Dipen Mandal vs The State Of Jharkhand
2021 Latest Caselaw 595 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
              B.A. No. 485 of 2021
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     Dipen Mandal                             ...             Petitioner
                                    Versus
    The State of Jharkhand                     ...          Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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    For the Petitioner         : Mr. R.R.S. Singh, Advocate
    For the State              : Mr. J. Pandey, Addl. P.P.
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    Order No.02 Dated- 08.02.2021

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 Radhanagar P.S. Case No.70 of 1991 (G.R. No.131 of 1991) registered under sections 302 of the Indian Penal Code.

The learned counsel for the petitioner submits that this is a case of misuse of bail. It is next submitted that earlier also the petitioner was released on bail which was cancelled vide order dated 25.05.2004. 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 11.11.2020 as has been mentioned in paragraph no. 1 of the bail application and co-accused persons who faced the trial have been acquitted and in this respect, learned counsel for the petitioner draws attention of this Court to Annexure-2 at page no.16-24 of the brief, which is a copy of the certified copy of the judgment passed by the Additional Sessions Judge, Fast Track Court, Rajmahal in Sessions Case No.535 of 1992. 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 furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.S.J.-I, Rajmahal, in connection with Radhanagar P.S. Case No.70 of 1991 (G.R. No.131 of 1991) with the condition that the petitioner will cooperate with the trial of the case.

(Anil Kumar Choudhary, J.) Sonu-Gunjan/