The Special Judge of Ranchi granted bail to the petitioner accused of kidnapping and abduction, directing the Sessions Judge to release him on a bail bond of Rs. 10,000 with two sureties, subject to a COVID-19 test upon release.
Petitioner directed to be released on bail on furnishing a bail bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5004 of 2020
Naresh Kumar Karmali……..…...... Petitioner Versus State of Jharkhand. ………… Opp. Party
Coram: Hon’ble Mr. Justice Ananda Sen Through:-Video Conferencing
…… For the Petitioner : Mr. Nawin Kumar, Advocate For the State : Mr. S.K.Srivastava, A.P.P.
4/09.10.2020 The lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality.
Learned counsel for the petitioner prays to ignore the defects and take up the matter on merits.
Defects stand ignored for the present.
Heard learned counsel appearing for the petitioner and the learned counsel for the State, who opposes the prayer for bail of the petitioner.
The petitioner is an accused for allegedly committing offence punishable under Sections 364 of the Indian Penal Code.
Prayer for bail of this petitioner was earlier rejected by this court on 11.12.2018, giving him liberty to renew his prayer for bail after examination of the victim during trial. Now, the petitioner has renewed his prayer for bail on the ground that the victim has already been examined.
The victim has been examined in this case as PW-4. On her examination, she categorically stated that this petitioner has not established any physical relationship with the victim.
Taking into consideration the aforesaid fact, I am inclined to enlarge the petitioner on bail. Accordingly, petitioner namely, Naresh Kumar Karmali is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to
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the satisfaction of Sessions Judge, Palamau at Daltonganj in connection with Palamau Town P.S. Case No. 38 of 2018 (G.R. No. 269/2018, S.T. No. 230/2018).
I direct the Jail Authority that before releasing the petitioner from jail, the Jail Authority should get the petitioner tested for COVID-19. If the report is positive, then the District Administration will immediately take steps to isolate the petitioner and get him treated in the COVID Center by following all the protocols.
This direction is given in the larger public interest and it should not be construed as a condition of bail.
Mukund/-cp. 3
2 issues framed by the court
Whether the petitioner should be released on bail considering the victim has been examined in the case.
Whether a condition regarding COVID-19 testing should be imposed on the release of the pettioner to secure public interest.
1 provisions across 1 enactments
Naresh Kumar Karmali
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
