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Judgment
Learned counsel for the petitioner has submitted that there are two defects, i.e. age of the petitioner in page-1 differs from Vakalatnama and name of the post office of the petitioner has not been mentioned in the Vakalatnama, which he will remove within 30 days when the lock down period is over. As the country is passing though a pandemic disease Covid-19, he could not remove the defects, but those defects are formal in nature.
Accordingly, the petitioner is directed to remove the defects within 30 days after lock down period is over, as the Country is passing though a pandemic disease Covid-19.
Office shall report the same after 30 days after the lock down period is over before the Joint Registrar(Judicial).
Heard, learned counsel for the petitioner and learned counsel for the State. The petitioner has prayed for grant of regular bail in connection with Ghaghra P.S. Case No.101 of 2019, registered for the offence under Sections 307/34 IPC and under Section 27 of the Arms Act.
Learned counsel for the petitioner has submitted, that F.I.R. has been lodged against one Rahul Mahli showing him suspect. The name of the petitioner has not been mentioned in the F.I.R. rather on the basis of the confessional statement of the co-accused, Pradeep Kumar Singh, the name of the petitioner transpired in the present case.
Learned counsel for the petitioner has further submitted that co-accused Rohit Kumar Singh in B.A. No.300 of 2020 vide order dated 22.01.2020 and Pradeep Kumar Singh in B.A. No.11464 of 2019 vide order dated 18.12.2019 have already been enlarged on bail by coordinate Bench of this Court, as such, petitioner, who is in custody since 18.10.2019, may also be enlarged on bail.
Learned counsel for the petitioner has further submitted that in the present case, petitioner is not named in the F.I.R. rather he was arrested in connection with Ghaghra P.S. Case No.106 of 2019 dated 15.08.2019 and remanded falsely in the present case. In Ghaghra P.S. Case No.106 of 2019, petitioner has already been enlarged on bail by Coordinate Bench of this Court vide order dated 17.01.2020 passed in B.A. No.134 of 2020, as such, petitioner may also be enlarged on bail on some conditions.
Learned counsel for the State has opposed the prayer and has submitted that co-accused Rohit Kumar Singh and Pradeep Kumar Singh have no criminal antecedent, as such, the case of the petitioner is different from the case of co-accused. The petitioner is subsequently arrested in connection with Ghaghra P.S. Case No.106 of 2019 on 15.08.2019 and from that case, he has been remanded in the present case on 18.10.2019, as such, petitioner may not be enlarged on bail.
Heard, learned counsel for the petitioner and learned counsel for the State. The petitioner is not named in the F.I.R., his name transpired in the confessional statement of co-accused and his confession has also been recorded, but the co-accused Rohit Kumar Singh and Pradeep Kumar Singh have already been enlarged on bail, as such, petitioner, who is in custody since 18.10.2019, be also enlarged on bail as in the subsequent case i.e. Ghaghra P.S. Case No.106 of 2019 petitioner has already been enlarged on bail by Coordinate Bench of this Court vide order dated 17.01.2020 passed in B.A. No.134 of 2020, as such, petitioner is directed to be released on bail.
The petitioner shall be released on personal bond of Rs. 5,000/- (Rupees Five Thousand) in connection with Ghaghra P.S. Case No.101 of 2019, to the satisfaction of learned Sub Divisional Judicial Magistrate, Gumla, as Country is presently passing through a pandemic disease (COVID-19), but after the lock down period is over, the petitioner shall furnish two bailors / sureties of Rs. 10,000/- (Rupees Ten Thousand) each within a period of 30 days before the learned trial court.
The Jail Authority shall release the petitioner only after his medical check-up.
The Civil Surgeon, Gumla is directed to medically examine the petitioner and if requires petitioner shall be taken for quarantine, but if no such requirement is there, he shall be released on personal bond of Rs. 5,000/- (Rupees Five Thousand) with aforesaid conditions by the court.
Petitioner shall appear before the learned court below on each and every date as per direction of the trial court for his physical appearance. In default of appearance, the State shall be at liberty to file an application for cancellation of his bail bonds.
Accordingly, the instant bail application is allowed.