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Judgment
Heard the parties through video conferencing.
Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the
lockdown period is over.
In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has moved this Court for grant of bail in connection with Radhanagar P.S. Case No.44 of 2018 (G.R. No. 346 of 2018) registered under
sections 467/468/471/420/120B of the Indian Penal Code and under Section 14/14A of Foreigners Act.
The Learned Senior counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was instrumental in entering the
name of Atur Sheikh- a foreigner in the electoral roll of village Pranpur in the District of Sahibganj and for issue of voter I.D. and Ration Card in his
favour by forging documents. It is further submitted that the allegation against the petitioner are all false and the petitioner has been implicated in this
case because of village politics. It is next submitted that the petitioner is a para teacher and he is not the authority to issue voter I.D. and was given
Additional charge of B.L.O. and had been provided with format-6 which is to be filled up by the persons who wanted their names to be added in the
electoral list and the petitioner in terms of format-6 has physically verified in the night that Atur Seikh lives in the hut as stated by him and has found
him present along with his wife and on being satisfied from queries made by him from his wife, public and panchayat authorities about his marriage,
residence and age, the petitioner submitted that form in the Block Office. It is then submitted that the petitioner and the co-accused Atur Sheikh who
is alleged to be a citizen of Bangladesh is in fact not a citizen of Bangladesh as his grandfather is also a citizen of India and the Mukhiya has issued
certificate that the forefathers of the co-accused Atur Sheikh were wrongly alleged as the citizen of Bangladesh. It is also submitted that Atur Seikh
has married one Indian citizen on 31.03.1997. It is then submitted that the co-accused person has already been admitted to bail by a coordinate Bench
of this Court vide order dated 02.11.2020 in B.A. No.3247 of 2020. It is next submitted that the petitioner has been in custody for a considerable
period of time. Hence, it is submitted that the petitioner be admitted to bail.
The learned Addl. P.P. and the learned counsel for the informant on the other hand vehemently opposes the prayer for bail and submits that the co-
accused has been granted bail only after 10 witnesses were examined in this case and there is ample material in the record to establish the charges of
forgery and cheating against the petitioner. It is then submitted that therefore, there is every chance of the petitioner absconding if released on bail.
Hence, it is submitted that the petitioner ought not be admitted to bail.
Considering the serious nature of allegation against the petitioner, this Court is of the considered view that this is not a fit case where the above named
petitioner be admitted to bail. Accordingly, the prayer for bail of the above named petitioner is rejected.
Keeping in view the period of custody undergone by the petitioner and the serious nature of offences involved in this case, notwithstanding any order
in administrative side of this Court, the trial court is directed to take up the trial of the case expeditiously and to conclude the trial within six months
from the date of receipt of this order by the trial court. It is made clear that the trial be conducted and witnesses be examined by observing the
precautions relating to COVID -19 Pandemic.