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Judgment
Heard learned counsel for the petitioner and learned counsel appearing for the State.
Defects as pointed out by the office are ignored. The petitioner is an accused in connection with Mahagama P.S. Case No. 01 of 2007 (S.T. No. 63B of 2008), registered for the offences punishable under section 364, 302, 201,34 of the Indian Penal Code and under section 27 of the Arms Act.
Vide order dated 31.07.2020, learned A.P.P. was directed to take instruction as to whether any inquiry has been conducted on the application submitted by the father of the petitioner that the petitioner is Vivekanand Jha and not Neelkanth Jha. Subsequent thereto an affidavit has been filed by the learned A.P.P. by which a report of the Deputy Superintendent of police has been brought on record in which a conclusion has been arrived at that Vivekanad Jha and Neelkanth Jha are the same person. However, this fact has been disputed by learned counsel for the petitioner by stating that all the documents including the educational certificates were handed over to the Deputy Superintendent of Police to substantiate the claim that Vivekanand Jha and Neelkanth Jha are different persons. But, the finding which has been recorded by the Deputy Superintendent of Police does not indicate that the said documents were considered. Further, the entire finding is based upon the police report.
Since it has been concluded that Vivekanand Jha and Neelkanth Jha are the same person, prima facie, this Court is satisfied with the report of the Deputy Superintendent of Police. So far as the allegations are concerned, it appears that the husband of the informant was taken away by the accused persons and he was shot at. It further appears that some of the accused persons have been convicted after conclusion of trial.
Regard being had to the nature of allegations leveled against the petitioner, I am not inclined to grant bail to the petitioner.
This application, accordingly, stands rejected. However, the trial may be expedited once the situation normalizes.