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Judgment
17 paragraphs · 376 wordsHeard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the
stamp reporter within two weeks after the lockdown period is over.
In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has moved this Court for grant of bail in connection with Sahibganj (T) P.S. Case No.91 of 2020 registered under sections
419/420/467/468/469/470/471/34 of the Indian Penal Code and under section 11 of the Public Gambling Act, 1867 and under section 5/7 of Lotteries
(Regulation) Act, 1998.
The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was selling forged and fabricated lottery
ticket. It is further submitted that the allegations against the petitioner are all false and there is no material in the record to suggest that the lottery
ticket allegedly sold by the petitioner was forged and fabricated. It is then submitted that the petitioner has no concern with the occurrence and the
petitioner has no criminal antecedent as has been mentioned in paragraph no. 13 of the bail application. It is next submitted that the petitioner has been
in custody since 22.07.2020 as has been mentioned in paragraph no. 15 of the bail application. It is then submitted that the co-accused person has
already been admitted to bail by a coordinate Bench of this Court vide order dated 16.10.2020, passed in B.A. No. 8262 of 2020. It is lastly submitted
that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail.
The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to
enlarge the above named petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees
Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sahibganj, in connection
with Sahibganj (T) P.S. Case No.91 of 2020 with the condition that he will cooperate with the trial of the case.
