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Judgment
30 paragraphs · 570 wordsHeard, learned counsel for the petitioner, Mr. Vikash Kumar. Learned counsel for the petitioner has submitted that defect no. 5 (e), as per Stamp
Reporting dated 10.07.2020, has not been removed, which he undertakes to remove within 30 days after the lock down period is over and the bail
application may be heard, as it is a regular bail application of the petitioner.
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 lock down period is over.
Joint Registrar (Judicial) is directed to ensure the compliance of this order after the lock down period is over 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 Chandil P.S. Case No.
27/2020, for the offence registered under Sections 147, 148, 149, 341, 307, 504, 506 and 323 I.P.C.
Learned counsel for the petitioner has submitted that F.I.R. has been lodged against entire family member with general and omnibus allegation against
the petitioner. There is no specific allegation against the petitioner, rather as per F.I.R. it is alleged that co-accused Taufiq has assaulted the informant
on his head by rod.
Learned counsel for the petitioner has submitted that there is no specific overt act against the petitioner and similarly situated other co- accused
person namely, Sameer @ Md. Sameer Ansari has been enlarged on bail by a Coordinate Bench of this Court vide order dated 27.07.2020 passed in
B.A. No. 4028 of 2020, as such, petitioner, who is in custody since 12.03.2020, may also be enlarged on bail.
Learned counsel for the State, Mrs. Nehala Sharmin, Additional Public Prosecutor has opposed the prayer for bail.
Considering the rival submissions of the parties, since there is no specific allegation made against the petitioner, the petitioner is directed to be released
on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each in connection with Chandil P.S. Case
No. 27/2020 to the satisfaction of learned S.D.J.M., Seraikella on the following conditions:
(i) One of the bailors shall be the deponent / parivikar of the present case namely, Md. Zamir Uddin, son of Md. Rafiq, resident of Rahmat Nagar,
Kapali, P.O. - Kapali, P.S. - Chandil, District - Seraikella-Kharsawan, who has furnished photocopy of his UID Card bearing number 4247 9024 0704
before this Court in the bail application.
Office is directed to send the photocopy of UID Card bearing no. 4247 9024 0704 of deponent alongwith this order to the court below so as to verify
the authenticity of the bailor.
(ii) Another bailor shall be close relative of the petitioner i.e. father / mother / son / wife / brother.
(iii) The Jail Authority shall release the petitioner only after his medical check-up.
(iv) The Civil Surgeon, Seraikella is directed to medically examine the petitioner at the time of his release and if he is infected with corona virus, he
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) The petitioner shall follow all the guidelines issued by the Government to meet the challenges of Covid-19, as presently Country is passing through
pandemic of Covid-19.
Accordingly, the instant bail application is allowed.
