Aijul Shekh vs State of Jharkhand

Learned counsel for the petitioner has submitted that though there are defects i.e. defect nos.9(i) & 9(iv) in the bail application as pointed out by the

stamp reporter vide dated 06.07.2020 but he has filed an undertaking that he shall remove the defects after the lockdown period is over and the bail

application may be heard as it is a regular bail.

Considering the same, this Court is inclined to hear the bail application on merits but with condition that petitioner shall remove the defects within 30

days after the lockdown period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the lockdown period is over so as to remove the defects. Heard,

learned counsel for the petitioner, Md. Zaid Ahmed and learned counsel for the State, Mr. Anup Pawan Topno.

Learned counsel for the petitioner has prayed for grant of regular bail in connection with Mandar P.S. Case No.47 of 2013, corresponding to G.R.

No.2486 of 2013 for the offence registered under Sections 392 IPC and later on Section 395 IPC was added vide order dated 10.06.2013. Learned

counsel for the petitioner has submitted that petitioner is not named in the FIR nor any recovery has been made nor he has been put on TIP. Other co-

accused persons namely, Rahim Sheikh has been granted bail by co-ordinate Bench of this Court vide order dated 31.01.2015 in B.A. No.63 of 2015,

Sher Ali Sheikh @ Sher Ali has been granted bail by co-ordinate Bench of this Court vide order dated 30.01.2015 in B.A. No.74 of 2015, Enamul

Sheikh has been granted bail by co-ordinate Bench of this Court vide order dated 21.02.2015 in B.A. No.10 of 2015. As such, the petitioner, who is in

custodysince 06.12.2019, may be enlarged on bail.

Learned counsel for the State has opposed the prayer for bail and has submitted that though petitioner is not named in the FIR and other co-accused

persons have been granted bail by co-ordinate Bench of this Court, but he may not be enlarged on bail as he has been remained absconding for a long

time of about six years.

After hearing, learned counsel for the parties and perusing the materials brought on record, it appears that petitioner is not named in the FIR nor any

recovery has been made nor he has been put on TIP and other co-accused persons have been granted bail by co-ordinate Bench of this Court, as

such, petitioner (Aijul Shekh), 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 Judicial Commissioner-I, Ranchi, in connection with Mandar P.S. Case No.47

of 2013, corresponding to G.R. No.2486 of 2013 on the following conditions:-

(i) One of the bailors shall be deponent of the present case namely, Shamshad Ali, S/o Late Amiruddin, R/o Darji Mohalla, Doranda, P.O. & P.S.-

Doranda, District- Ranchi having UID No.2960 5237 9860.

Office is directed to send photo copy of the UID Card bearing No. 2960 5237 9860 of deponent along with this order to the court below so as to verify

the authenticity of the bailor.

(ii) Another bailor shall be close relative (father/mother/brother/wife/son) of the petitioner.

(iii) Petitioner shall appear before the learned trial court on each and every date till conclusion of the trial, failing which the learned trial court shall

cancel the bail bonds of the petitioner.

(iv) The Jail Authority shall release the petitioner only after his medical check-up.

(v) The Civil Surgeon, Ranchi is directed to medically examine the petitioner at the time of his release and if require, petitioner shall be taken for

quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(vi) Petitioner shall also comply with all the guidelines issued by the Government to meet the challenges of Covid-19, as the country is passing through

Pandemic of Covid-19.