AI Structured Summary
Not yet generated for this judgment
Judgment
Heard, learned counsel for the petitioner, Mr. Amit Kr. Das. Learned counsel for the petitioner has submitted that defect nos. 4(a), 5 (e), 8 & 9 (i) to (vi), as per Stamp Reporting dated 07.09.2020, have not been removed, which he undertakes to remove within 30 days after the physical court starts and has prayed that the bail application may be heard, as it is a regular bail application of the petitioner, who is remanded in this case since 22.09.2019.
Considering the same, this Court is inclined to hear the instant bail application on merits, but with condition that petitioner shall remove the defect(s) within 30 days after the physical court starts.
Joint Registrar (Judicial) is directed to ensure the compliance of this order after the physical court starts so as to remove the defect(s).
Learned counsel for the petitioner has submitted that the petitioner has prayed for grant of regular bail in connection with Bistupur P.S. Case No. 21/2016 corresponding to G.R. No. 246/2016, for the offence registered under Sections 121, 121(A), 124(A), 120-B, 34 I.P.C. read with Sections 25(1-B)a, 26, 35 of Arms Act, Sections 16, 17, 18, 18-B, 19, 20, 21, 23 of U.P.A. Act and Section 17 of C.L.A. Act.
Learned counsel for the petitioner has submitted that petitioner is not named in the F.I.R., but subsequently during investigation, police has submitted charge-sheet showing investigation still pending against some accused persons and no allegation was made so far petitioner is concerned, but after further investigation petitioner has been taken into custody, thereafter the police has submitted charge-sheet.
Learned counsel for the State, Mr. Arup Kumar Dey has opposed the prayer for bail and has submitted that earlier prayer for anticipatory bail of this petitioner was rejected by Coordinate Bench of this Court vide order dated 10.04.2019 passed in A.B.A. No.777/2019 along with one co-accused Huzaifa.
Learned counsel for the State has submitted that co-accused Nasim Akhtar @ Raju, whose prayer for bail was earlier rejected five times i.e. on 14.02.2017 in B.A. No. 9878/2016, on 13.07.2018 in B.A. No. 5755/2018, on 10.05.2019 in B.A. No.4032/2019, on 22.11.2019 in B.A. No. 9017/2019 and on 28.08.2020 passed in B.A. No.4056/2020 by Coordinate Bench of this Court, as such, petitioner may not be enlarged on bail.
Learned counsel for the State has further submitted that this petitioner has criminal antecedent and has been remanded from other case, as such, State may be allowed to file counter affidavit.
Considering the rival submissions of the parties, State counsel is directed to file detail counter affidavit with regard to the material collected by the Investigating Officer so far involvement of this petitioner is concerned, the recovery made from the possession or house of the petitioner and the criminal antecedent report of the petitioner.
The State should also file affidavit as to whether this case has been handed over to the National Investigating Agency or not?
The affidavit must be filed by an officer not below the rank of Superintendent of Police within four weeks.
List this case after four weeks.