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Judgment
The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.
The petitioner seeks bail on the ground of long detention together with the prevailing situation.
It is submitted by the learned advocate for the petitioner that accused is in custody for 72 days, during which there is no recovery from the petitioner.
Learned Public Prosecutor raises objection against the prayer for bail.
The allegation is that the accused is involved in manufacturing fabricated Aadhar Card, but no Aadhar Card has been recovered from the possession of the accused-petitioner. Some of the co-accused are now on bail.
Upon consideration of the period of detention already undergone and also regard being had to the fact that there is no recovery from the possession of accused person, we are inclined to release accused person on bail. Accordingly, we direct the petitioner to be released on interim bail of three months upon executing a bond of Rs.10,000/- to the satisfaction of learned A.C.J.M. Barrackpore with condition not to tamper with the evidence and to intimidate the witnesses already examined and further the petitioner shall not leave his address, he furnishes with the case record, without the express permission of the concerned police station.
It is further ordered that before releasing the accused on bail, the petitioner shall be subjected to medical examination by the medical authority attached with the Correctional Home and the Correctional Home shall issue a fit certificate before releasing him on bail.
The petitioner is given liberty to mention the matter before regular Bench after the normal functioning of the Court resumes.
Learned A.C.J.M., Barrackpore and all other concerned authorities shall act in terms of the copy downloaded from the official website of this Court.
With this direction, the Criminal Misc. Case stands disposed of.