Jaikab Malto vs State Of Jharkhand

Learned counsel for the petitioner has submitted that there are defect(s) bearing defect Nos.9(i) and 9(v) in the instant bail application, as pointed out

by the Stamp reporting dated 13.07.2020, but he has given 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 the petitioner is in custody since 22.10.2019.

Considering the same, this Court is inclined to hear the bail application on its 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 within 30 days after the lockdown period is over so as to remove the

defect(s).

Heard, learned counsel appearing for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, who is accused for offence under Sections 376 IPC, prays for regular bail in connection with Mirzachouki P.S. Case No.42 of 2019

corresponding to G.R. No.404 of 2019 (S.T. Case No.08 of 2020).

Learned counsel for the petitioner has submitted that the First Information Report lodged on the basis of a complaint case, for the occurrence of the

year 2013-14.

Learned counsel for the petitioner has further submitted that there is variance in the statement of the victim recorded under Section 164 Cr.P.C. and

examination in the Court.

Learned counsel for the petitioner has further submitted that as per the statement of the victim recorded under Section 164 Cr.P.C. that she lived in

the house of the petitioner for a quite long time with consent and thereafter she became pregnant and she was ousted from the house and no case was

filed, but after a long time, this case has been filed in the year 2019.

Learned counsel for the petitioner has further submitted that the petitioner is in custody since 22.10.2019, as such, the petitioner may be enlarged on

regular bail as the case has been filed after marriage of petitioner with co-accused.

Learned counsel for the State has opposed the prayer for regular bail and has submitted that from the said wedlock/relationship, a girl child has also

been born, as such, he petitioner may not be enlarged on regular bail.

Considering the rival submissions of the parties particularly delay in lodging the FIR and the prosecution has miserably failed to bring any material on

record with regard to parentage of the newly born girl child of the informant and considering the period of custody of the petitioner i.e. since

22.10.2019, the petitioner above-named, is directed to be released on regular bail, on furnishing bail bonds of Rs.20,000/- (twenty thousand) with two

sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-I, Sahibganj, in connection with Mirzachouki P.S. Case No.42 of

2019 corresponding to G.R. No.404 of 2019 (S.T. Case No.08 of 2020), subject to the following conditions :-

(i) One of the bailors shall be deponent of the present petition, namely, Markus Malto, S/o Maisa Paharia, R/o Borio, Distt. Sahebganj, Jharkhand,

having UID NO.6260 5481 3993.

Office is directed to send photocopy of the UID Card bearing No. 6260 5481 3993 of deponent along with a copy of this order to the court below so

as to verify the authenticity of the bailor/deponent.

(ii) Another bailor shall be close relative of the petitioner i.e. father/mother/brother/sister/son/daughter etc.

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

(iv) The Civil Surgeon, Sahibganj, is directed to medically examine the petitioner at the time of his release and if requires, 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.

(v) Petitioner shall appear before the learned trial court on each and every date fixed for his personal appearance, failing which, the trial court shall

cancel the bail bonds of the petitioner.

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

through Pandemic of Covid-19.