AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
20 paragraphs · 454 wordsThe matter is taken up through video conferencing. No one turns up on behalf of the parties. The petitioners are directed to remove the defects as
pointed out by the stamp reporter within two weeks after the lockdown period is over.
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Bhandariya P.S. Case
No.42 of 2020 registered under sections 147/ 149/341/323/452/504/506 of the Indian Penal Code and under Section 3/4 of Prevention of Witch
(Daain) Practices Act. Perusal of the record reveals that the allegation against the petitioners is that the petitioners were member of an unlawful
assembly and at the instance of Paster Lukus Kachchap and his wife, the petitioners assaulted the informant and forcibly took the informant to
Panchayat. It is further averred in the anticipatory bail application that the allegations against the petitioners are all false and no occurrence has taken
place. It is also averred in the anticipatory bail application that the informant party are involved in preparing and selling country made liquor which
were objected to by the petitioners and the villagers, hence this false case has been foisted. It is next averred that the petitioners are ready to abide by
any terms and conditions imposed upon them by this Court.
Considering the facts of the case, I am of the opinion that it is a fit case where the above named petitioners be given the privilege of anticipatory bail.
Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on jointly
depositing a demand draft of Rs. 5000/- as ad interim victim compensation in favour of informant and on furnishing bail bond of Rs. 25,000/- (Rupees
Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Garhwa, in connection with Bhandariya
P.S. Case No.42 of 2020 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating
Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking
that they will not change their mobile numbers during the pendency of the case with further condition that they will not annoy or disturb the informant
in any manner during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.
In case, the petitioners deposit the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over
the said demand draft to him, after proper identification.
