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Judgment
35 paragraphs · 733 wordsLearned counsel for the petitioner has submitted that though there are defects i.e. defect nos.9(i) and 9(ii), 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 defect(s) after the lockdown period is over and the bail
application may be heard as it is a regular bail in which petitioner is in custody since 10.02.2020.
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, Mr. Kripa Shankar Nanda and learned counsel for the State, Mr. Satish Prasad.
Learned counsel for the petitioner has prayed for grant of regular bail in connection with S.T. Case No.31 of 2018, arising out of Basia P.S. Case No.
44 of 2014 (Spt. G.R. Case No.554 of 2014) for the offence registered under Sections 147, 148, 149, 323, 302, 506 and 380 IPC and Section 17 of the
Criminal Law Amendment Act.
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
and he has remanded in this case from Bano (Simdega) P.S. Case No.77 of 2018 though he is custody in different cases since 2017 and in the present
case he has remanded on 10.02.2020 and other co-accused persons namely, Dilip Mahato has been granted bail vide order dated 10.03.2016 in B.A.
No.1758 of 2016, Sanjay Surin has been granted bial vide order dated 19.09.2016 in B.A. No. 4177 of 2016, Ramprit Singh @ Krim Singh has been
granted bail vide order dated 24.03.2017 in B.A. No. 1583 of 2017, Lalu Lohra has been granted bail vide order dated 26.09.2016 in B.A. No. 3090 of
2016 and Bachru Surin @ Biskal Surin @ Eliyas Surin has been granted bail vide order dated 04.09.2019 in B.A. No. 5922 of 2019 by a co-ordinate
Bench of this Court and petitioner is in custody since 10.02.2020, as such, he may be enlarged on bail. Learned counsel for the State has opposed the
prayer for bail and has submitted that petitioner remained absconding for a quite long time and other co- accused persons have been granted bail, as
such, petitioner, who is in custody since 10.02.2020 may not be enlarged on bail.
After hearing, learned counsel for the parties and perusing the materials brought on record, it appears that petitioner is not named in the FIR and he is
in custody since 10.02.2020, as such, petitioner (Jageshwar Singh @ Jago Singh), 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-VI, Gumla
in connection with S.T. Case No.31 of 2018, arising out of Basia P.S. Case No. 44 of 2014 (Spt. G.R. Case No.554 of 2014) on the following
conditions:-
(i) One of the bailor shall be deponent of the present case namely, Khileshwar Singh, S/o Sukra Singh, R/o Village- Chatuora Garha Toli, P.O. Pabura
& P.S.- Bano, District- Simdega having UID No.8561 5975 2781. Office is directed to send photo copy of the UID Card bearing No. 8561 5975 2781
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, Simdega/Gumla 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.
