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Judgment
Learned counsel for the petitioner has submitted that though there is defect no.9(i) in the bail application as pointed out by the stamp reporter but he has filed an undertaking that he shall remove the defect within 30 days after the physical court starts and the bail application may be heard as it is a regular bail application in which petitioner is in custody since 28.06.2020. Considering the same, this Court is inclined to hear the bail application on merits but with condition that petitioner shall remove the defect 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 defect. Heard, learned counsel for the petitioner, Mr. S.K. Pandey and learned counsel for the State, Mr. S.K. Dubey.
Learned counsel for the petitioner has submitted that petitioner has prayed for grant of regular bail in connection with Gola P.S. Case No.71 of 2020, for the offence registered under Sections 376 and 313 IPC.
Learned counsel for the petitioner has submitted that as per the FIR, occurrence started from the year, 2016 to 2020 and both are majors, as such, after such delay a case under Section 376 IPC seems to be doubtful rather they had consensual relationship between them for a long time. Learned counsel for the petitioner has further submitted that though there is allegation of termination of pregnancy thrice but that was because of the consent of the parties.
Learned counsel for the petitioner has further submitted that petitioner is in custody since 28.06.2020, as such, he may be enlarged on regular bail. Learned counsel for the State has opposed the prayer for bail and has submitted that as per the impugned order the medical report suggests that thrice pregnancy were terminated, as such, counter-affidavit is necessary to establish that whether it was because of some medical reason or because of consent or it was because of administering poison or medicine by this petitioner against the will of the informant.
Considering the rival submissions of the parties, learned State counsel is directed to file a detail counter-affidavit within four weeks on the above issues. List this case after four weeks