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Judgment
All the three anticipatory bail applications are heard together as they arose from the same F.I.R.
Heard learned counsel for the petitioners and learned counsel for the State.
Petitioners are apprehending their arrest in connection with the case registered under Sections 147, 148, 149, 323, 324, 325, 326, 504, 307 and 302 of the Indian Penal Code.
Under order dated 14.12.2016 in A.B.A. No. 4941 of 2016 case diary was called for, the same has been received.
Learned A.P.P while referring to para 53 of the case diary the subsequent fardbeyan of Nandlal Thakur, it appears that specific overt act has been attributed against the petitioner Nos. 1 and 2, namely, Makbool Ansari and Kalim Ansari in A.B.A. No. 4941 of 2016 and petitioner No.2, namely Imtiyaz Ansari in A.B.A. No. 1420 of 2017.
Taking all these facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner Nos. 1 and 2, namely, Makbool Ansari, Kalim Ansari in A.B.A. No. 4941 of 2016 and petitioner No.2, namely Imtiyaz Ansari in A.B.A. No. 1420 of 2017. Accordingly, the prayer for anticipatory of petitioner Nos. 1 and 2, namely, Makbool Ansari, Kalim Ansari in A.B.A. No. 4941 of 2016 and petitioner No.2, namely Imtiyaz Ansari in A.B.A. No. 1420 of 2017 is hereby rejected.
So far prayer for anticipatory of the petitioners, namely Naimuddin @ Naim Ansari in A.B.A. No. 768 of 2017, Kudus Ansari in A.B.A. No. 4941 of 2016 and petitioners, namely, Khalil Ansari, Shamsher Alam, Minhaz Ansari, Akhtar Ansari, Manzoor Ansari are concerned shall be considered subject to deposit the compensation amount to the injured.
It appears that all six persons have received injury. From perusal thereof that Manoj Thakur, which has been received head injury, Kaushalia Devi who has received one head injury, Basudeo Thakur, who has received head injury and one fracture injury, Jagdish Thakur, Hiralal Thakur, who has received head injury which is grievous in nature and Nisha Kumari, who has received head injury which is grievous in nature.
In this view of the matter, learned counsel for the petitioners is directed to take instruction as to whether petitioners, namely Naimuddin @ Naim Ansari in A.B.A. No. 768 of 2017, Kudus Ansari in A.B.A. No. 4941 of 2016 and petitioners, namely, Khalil Ansari, Shamsher Alam, Minhaz Ansari, Akhtar Ansari, Manzoor Ansari are ready to deposit Rs. 25,000/- each by way of compensation.
List this case on 19.04.2017.
Till then, interim relief granted earlier for petitioners, namely Naimuddin @ Naim Ansari in A.B.A. No. 768 of 2017, Kudus Ansari in A.B.A. No. 4941 of 2016 and petitioners, namely, Khalil Ansari, Shamsher Alam, Minhaz Ansari, Akhtar Ansari, Manzoor Ansari shall continue.