Ashok Oraon vs The State Of Jharkhand
2021 Latest Caselaw 818 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
              B.A. No. 1372 of 2021
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     Ashok Oraon                              ...              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. Mohit Prakash, Advocate
    For the State              : Mr. N.K. Singh, Addl. P.P.
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    Order No.02 Dated- 19.02.2021

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 Gumla P.S. Case No.281 of 2001 (G.R. No.761 of 2001) S.T. No.09 of 2020 registered under sections 147/148/ 149/307/353/212 of the Indian Penal Code, Section 25 (1-B)a/26/27 of Arms Act and under Section 17 of C.L.A. Act.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was a member of Jharkhand Sangharsh Jan Mukti Morcha an extremist organization and were holding a meeting but on seeing the police party, they fled away but also fired upon the police party and the police party also counter fire in which one of the co-accused person was injured and he disclosed the name of the petitioner and others. It is further submitted that the allegations against the petitioner are all false and the co-accused persons who faced the trial has been acquitted vide judgment dated 24.03.2009 passed by the Additional Sessions Judge- F.T.C.-I, Gumla in Sessions Trial Case No.128 of 2007. It is then submitted that the petitioner has not been put to T.I. Parade. It is next submitted that the petitioner has been in custody since 28.01.2019 as has been mentioned in paragraph no. 1 of the bail application. 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, Gumla, in connection with Gumla P.S. Case No.281 of 2001 (G.R. No.761 of 2001) S.T. No.09 of 2020 with the condition that the petitioner will cooperate with the trial of the case.

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