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Judgment
Learned counsel for the petitioner has submitted that though there are defects i.e. defect nos. 9(i) to (vi) in the bail application as pointed out by the
stamp reporting dated 10.07.2020 but he has filed an undertaking that he shall remove the defects 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 10.03.2020.
Considering the same, this Court is inclined to hear the bail application on merits 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 Sinha assisted by the learned counsel, Mr. Suraj Kishore Prasad and learned counsel for the State, Mr.
Anup Pawan Topno.
Learned counsel for the petitioner has prayed for grant of regular bail in connection with Doranda P.S. Case No.74 of 2020, corresponding to G.R.
No.1155 of 2020 for the offence registered under Sections 341/342/323/ 326/307/34 IPC.
Learned counsel for the petitioner has submitted that FIR has been lodged against four persons with direct allegation that they have assaulted the
brother of the informant by knife.
Learned counsel for the petitioner has further submitted that charge-sheet has already been submitted vide No.135 of 2020 dated 30.04.2020 and
cognizance has been taken on 11.05.2020 but surprisingly the statement of victim- Deepak Kumar has not been recorded by the police under Section
161 Cr.P.C., as such, it is a frivolous case against the petitioner, the prosecution will not able to prove the guilt of the petitioner and petitioner is in
custody since 10.03.2020, as such, he may be enlarged on bail. Learned counsel for the State has opposed the prayer for bail and has submitted that
there is direct allegation against the petitioner and other co- accused- Shourya Raj has preferred bail application before this Court vide B.A. No.4706
of 2020 and Rajiv Ranjan Singh has also preferred bail application before this Court vide B.A. No.4654 of 2020, as such, State may be given sometime
to file counter-affidavit as well as this case may be heard with analogous matter.
Learned counsel for the State is granted four weeks time to file counter- affidavit along with criminal antecedent report of the petitioner. Office is
directed to place this case along with another analogous matter arising out of Doranda P.S. Case No.74 of 2020, including B.A. No.4706 of 2020 and
B.A. No. 4654 of 2020.
Put up this case after four weeks.