Roshan Nayak vs State Of Jharkhand

Heard, learned counsel for the petitioner, Mr. A.K. Chaturvedi. Learned counsel for the petitioner has submitted that defect nos. 9 (i) to 9 (iii), as per

Stamp Reporting dated 06.07.2020, have 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 Chandwa P.S. Case No.

162/2018, corresponding to G.R. No. 479/2019 subsequent S.T. No. 208/2019 for the offence registered under Section 395 I.P.C., which was lodged

against 10-12 unknown accused persons. The petitioner was arrested on suspicion, as petitioner has criminal antecedent and was in custody in

connection with Balumath P.S. Case No. 87/2019, but the Investigating Officer has not brought any material against the petitioner, except he was

found loitering near the place of occurrence.

Learned counsel for the petitioner has submitted that Jitendra Kumar @ Jitendra Kumar Turi, who has been identified by one of the prosecution

witness in test identification parade, has been granted bail vide order dated 01.06.2020 passed in B.A. No. 2143/2020 and Chandan Turi, who has

been identified by one witness in test identification parade, has also been granted bail vide order dated 15.06.2020 passed in B.A. No. 2956/2020, as

such, this petitioner, who has also been identified in test identification parade by the helper as one of the criminal armed with deadly kattta, may also

be enlarged on bail.

Learned counsel for the State, Mr. Nawin Kumar Singh, Additional Public Prosecutor has opposed the prayer for bail but has not disputed that

similarly situated co-accused persons have been granted bail.

Considering the rival submission of the parties, let State shall file detail counter affidavit along with criminal antecedent report of the petitioner.

Office is directed to list this case after four weeks along with bail application of Kamlesh Nayak i.e. B.A. No. 4773/2020 pending before this Court.