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Judgment
Heard, learned counsel for the petitioner, Mr. A.K. Chaturvedi. Learned counsel for the petitioner has submitted that defect nos. 4, 5(e) and 9 (i) to (iv), as per Stamp Reporting dated 25.08.2020, have not been removed, which he undertakes to remove within 30 days after the physical court starts and the bail application may be heard, as it is a regular bail application of the petitioner, who has been remanded in this case on 04.12.2019.
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 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 Gidhour P.S. Case No. 80/2019 corresponding to G.R. No. 173/2020 (S.T. No. 84/2020) for the offence registered under Sections 147, 148, 149, 323, 307, 379, 385, 389, 504, 506 I.P.C. and Section 17(i)
(ii) of the Criminal Law Amendment Act.
Learned counsel for the petitioner, Mr. A.K. Chaturvedi has submitted that F.I.R. has been lodged against three named accused persons including the petitioner and seven unknown persons as they were taking name of each other while demanding the ransom.
Learned counsel for the petitioner has further submitted that similarly situated co-accused Saryu Angeria @ Kapil Jee has been granted bail by Coordinate Bench of this Court vide order dated 10.08.2020 passed in B.A. No.4580 of 2020.
Learned counsel for the petitioner has further submitted that it is alleged that petitioner has confessed his guilt in connection with Simaria P.S. Case No.148/2019 whereas as per order dated 10.08.2020 passed in B.A. No.4580 of 2020, the co-accused Saryu Angeria @ Kapil Jee has also confessed his guilt in connection with Simaria P.S. Case No.111/ 2019 and Saryu Angeria was in custody since 29.02.2020 and has been granted bail on 10.08.2020, as such, this petitioner, who has been remanded in this case on 04.12.2019 from Simaria P.S. Case No.148/2019, may also be enlarged on bail.
Learned counsel for the petitioner has further submitted that though it has been mentioned that petitioner has six criminal antecedents in the impugned order but in some of the cases, he has been granted bail.
Learned counsel for the State, Mr. Vishwanath Roy, Additional Public Prosecutor has opposed the prayer for bail and has submitted that case of Saryu Angeria @ Kapil Jee is different from the case of present petitioner. The present petitioner is named in the F.I.R. whereas Saryu Angeria is not named in the F.I.R.
Learned counsel for the State could not assist this Court with regard to the criminal antecedent of Saryu Angeria @ Kapil Jee, but has opposed the prayer for bail.
Considering the rival submissions of learned counsel for the parties and the materials collected during the investigation, it is the only material that confessional statement of accused in respective cases. Since the petitioner has been remanded on 04.12.2019 and has criminal antecedent, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each in connection with Gidhour P.S. Case No. 80/2019 corresponding to G.R. No. 173/2020 (S.T. No. 84/2020) to the satisfaction of learned Sessions Judge, Chatra on the following conditions:
(i) One of the bailors shall be the deponent / parivikar of the present case namely, Ramsaruf Yadav, son of Harachnd Yadav, resident of Village - Barawadih, P.O. - Narayanpur, P.S. - Barura, District - Chatra, who has furnished his photocopy of UID Card bearing number 8779 7964 9881 before this Court in the bail application.
Office is directed to send the photocopy of UID Card bearing no. 8779 7964 9881 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) Petitioner shall appear before the learned trial court, after physical court starts, on each and every date till conclusion of the trial, failing which the 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, Chatra 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.
(vi) 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.
However, State is at liberty to file an application for cancellation of bail of the petitioner if petitioner violates any of the above conditions.
Accordingly, the instant bail application is allowed.