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Judgment
20 paragraphs · 407 wordsHeard 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 Hunterganj P.S. Case No.195 of 2020 registered under Sections 147, 148, 149, 323, 324,
325, 326, 307 of the Indian Penal Code and Section 3 & 4 of Witch Craft Prevention of (Daain) Practice Act.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner, along with the co-accused persons was the
member of an unlawful assembly and being armed with deadly weapons, attempted to murder the members of the informant party. It is submitted that
the allegation against the petitioner is false. It is next submitted that there was a free-fight between the parties and for the self-same occurrence from
the side of the petitioner, Hunterganj P.S. Case No.196 of 2020 has also been registered. It is then submitted that the petitioner has also sustained
injuries in the said occurrence. It is further submitted that the petitioner had no intention to kill anybody. It is also submitted that charge-sheet has
already been submitted in this case. It is then submitted that the petitioner undertakes that he will not disturb or annoy the informant in any manner
during the pendency of the trial. 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 07.11.2020 which is evident from para-04 of the instant bail application. Hence it is submitted that the petitioner be
released on bail.
Learned Addl. P.P. appearing for the State being assisted by the learned counsel for the informant oppose 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 C.J.M, Chatra in connection with Hunterganj P.S. Case No.195
of 2020 with the condition that he will co-operate with the trial of the case and he will not disturb or annoy the informant in any manner during the
pendency of the trial.
