Sekh Fajal Ali vs State of Jharkhand

Learned counsel for the petitioner has submitted that though there are defects i.e. defect nos.5(e) and 9(i) to 9(iii) in the bail application as pointed out

by the stamp reporter dated 06.07.2020 but he has filed an undertaking that he shall remove the defect(s) after the lockdown period is over and the

bail application may be heard as it is a regular bail in which petitioner is in custody since 13.04.2020.

Considering the same, this Court is inclined to hear the bail application on merit but with condition that petitioner shall remove the defects within 30

days after the lockdown period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the lockdown period is over so as to remove the defects. Heard,

learned counsel for the petitioner, Mr. Rohit Agarwal and learned counsel for the State, Mr. P.D. Agrawal.

Learned counsel for the petitioner has prayed for grant of regular bail in connection with Kharsawan P.S. Case No.36 of 2020, for the offence

registered under Section 188 IPC and Section 7 of the Essential Commodities Act. Learned counsel for the petitioner has submitted that in the

absence of any legal material and without examining the stock register of the petitioner, a false case has been instituted against the petitioner by the

informant with ulterior motive.

Learned counsel for the petitioner has further submitted that the said rice never belongs to the petitioner nor consumer has made any complaint of

short supply and just to pressurize the petitioner, the informant has lodged a false case without verifying the stock register of the petitioner on the date

of alleged occurrence. Learned counsel for the petitioner has further submitted that petitioner is a dealer having licence No.1 of 2019 and neither the

rice nor the vehicle belongs to the petitioner and he is in custody since 13.04.2020, as such, he may be enlarged on bail.

Learned counsel for the State has opposed the prayer for bail and 40 bags of rice 50 kg each was recovered from the Pick-up Van bearing

registration No.JH- 05T-2250, as such, the informant has lodged this case and he may not be enlarged on bail.

After hearing, learned counsel for the parties and perusing the materials brought on record, it appears that informant has failed to establish that seized

rice belongs to the petitioner by examining the stock register of the petitioner on the date of institution of the case. In absence of any legal material, a

case has been instituted for black marketing of rice without ascertaining that said rice belongs to the petitioner, who is running Public Distribution

System Shop allotted by the Government, as such, petitioner (Sekh Fajal Ali) 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 to the satisfaction of learned Additional Chief Judicial Magistrate, Seraikella, in

connection with Kharsawan P.S. Case No.36 of 2020on the following conditions:-

(i) One of the bailors shall be deponent of the present petition namely, Mohammad Sarfaraz, S/o Mohammad Sahzad Ali, R/o Village- Kadamdiha,

P.O. & P.S.- Kharsawan, District- Seraikela (Kharsawan) having UID No.7877 5521 2279.

Office is directed to send photo copy of the UID Card bearing No. 7877 5521 2279 of deponent along with this order to the court below so as to verify

the authenticity of the bailor.

(ii) Another bailor shall be close relative (father/mother/brother/wife/son) of the petitioner.

(iii) Petitioner shall appear before the learned trial court on each and every date till conclusion of the trial, failing which the learned 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, Seraikela is directed to medically examine the petitioner at the time of his release and if require, petitioner 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) Petitioner shall also comply with all the guidelines issued by the Government to meet the challenges of Covid-19, as the country is passing through

Pandemic of Covid-19.