Thukna Munda @ Fukna Munda vs The State Of Jharkhand
2021 Latest Caselaw 1124 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       B. A. No. 2190 of 2021

                  Thukna Munda @ Fukna Munda                   ...         Petitioner

                                               Versus

                  The State of Jharkhand                       ...      Opposite Party



         Coram:       HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

             For the Petitioner                  : Mrs. Nivedita Kundu, Adv.
             For the State                       : Mr. B. Shastri , Addl. P.P.




02 / 05.03.2021

Heard the parties through Video Conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the lockdown is over.

In view of the personal undertaking given by 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 Bhandra P.S. case no. 04 of 2001 registered under Sections 147, 148, 149, 364, 302, 34, 121, 121A, 122, 123 of the Indian Penal Code and Section 17/18 CLA Act.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being the member of MCC extremist organization, committed murder of Karim Ansari. It is then submitted by learned counsel for the petitioner that the allegation against the petitioner is false. It is further submitted by learned counsel for the petitioner that the petitioner is not named in the FIR and there is nothing in the record to suggest that the petitioner was put on TIP. It is further submitted by learned counsel for the petitioner that the petitioner has been in judicial custody since 26.06.2020 as mentioned in paragraph 14 of the bail application and the petitioner is ready and willing to co- operate with the trial of the case and co-accused has been acquitted vide judgment dated 11.10.2004 passed in S.T. No. 18 of 2002 passed by learned Additional Sessions Judge, Lohardaga and in the said judgment, the informant could not identify the co-accused persons hence, the petitioner may be released on bail.

Learned Addl. P.P. opposes the prayer for bail of the petitioner. Considering the facts of the case, 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 Additional Sessions Judge-1, Lohardaga in connection with Bhandra P.S. case no. 04 of 2001 subject to the condition that the petitioner will co-operate with the trial of the case.

(ANIL KUMAR CHOUDHARY, J.) Smita/-