Basudeo Ganjhu @ Gopal Ganjhu @ ... vs The State Of Jharkhand
2021 Latest Caselaw 1022 Jhar

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                     B.A. No.1953 of 2021

                 Basudeo Ganjhu @ Gopal Ganjhu @ Gopal Jee
                                                  ...           Petitioner
                                          Versus
                 The State of Jharkhand           ...        Opposite Party

         Coram:      HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

         For the Petitioner          : Mr. Jitendra Shankar Singh, Adv.
         For the State               : Mr. Pradeep Kr. Verma, Addl. P.P.

02 /01.03.2021

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 Balumath P.S. Case No. 11 of 2012, corresponding to G.R. No.65 of 2012 (S.T. No.178A of 2017) registered under sections 147, 148, 149, 302, 307, 353, 379, 332, 333, 427 of the Indian Penal Code and Section 27 of Arms Act and Section 3/4 of Explosives Substances Act and Section 17 of C.L.A. Act and Section 13 of U.A.P. Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the member of the militant C.P.I, Maoist Extremist Organization exploded the bomb and fired upon the police personnel. It is submitted that the allegation against the petitioner is false. It is further submitted that the petitioner is not named in the F.I.R. and he has not been put on T.I.P till today. It is also submitted that the co-accused who has faced the trial has been acquitted vide the judgment dated 14.05.2020 passed in Sessions Trail No.178 of 2017 by Additional Sessions Judge-III, Latehar and consequent upon none of the witnesses having identified any person in this case during their deposition in Court. It is next submitted that the petitioner has been implicated in this case as his name was overheard by the police personnel. 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 25.07.2020 as mentioned in paragraph 10 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 Sessions Judge-III, Latehar in connection with Balumath P.S. Case No. 11 of 2012, corresponding to G.R. No.65 of 2012 (S.T. No.178A of 2017) with the condition that he will co-operate with the trial of the case.

Pappu/                             (Anil Kumar Choudhary, J.)