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Judgment
Learned counsel for the petitioners has submitted that though there are defect nos.9(i) to (iii) in the bail application as pointed out by the stamp reporter but he has filed an undertaking that he shall remove the defects 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 and petitioners are in custody since 25.04.2020.
Considering the same, this Court is inclined to hear the bail application on merit but with condition that petitioners shall remove the defects within 30 days after the 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 defects. Heard, learned counsel for the petitioners, Mr. A.K. Chaturvedy and learned counsel for the State, Mr. S.K. Srivastava, Learned counsel for the petitioners has prayed for grant of regular bail in connection with Saiko P.S. Case No.06 of 2020, for the offence registered under Sections 147, 149 and 302 IPC.
Learned counsel for the petitioners has submitted that the instant FIR has been lodged against 20-25 unknown persons and it was informed that a mentally retarted person was misbehaving with a lady who was assaulted by several unknown persons.
Learned counsel for the petitioners has further submitted that during investigation nobody has been cited as an eye witness rather on the basis of the confession statement of the co-accused and the information gathered by the Mukhiya of the Village, petitioners have been made accused in this case.
Learned counsel for the petitioners has further submitted that petitioners are in custody since 25.04.2020, as such, they may be enlarged on bail. Learned counsel for the State has opposed the prayer for bail and has submitted that it is an FIR against unknown persons, as such, counter-affidavit is necessary.
Considering the rival submissions of the parties, learned counsel for the State is directed to file counter-affidavit in detail regarding whether there is any eye witness to the occurrence or not and what are the materials collected during investigation and criminal antecedent report of the petitioners as well as postmortem report within a period of four weeks.
List this case after four weeks along with detail counter-affidavit.