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Judgment
18 paragraphs · 354 wordsThis interlocutory application has been filed for withdrawal of anticipatory bail on behalf of petitioner No.2-Pankaj Prasad, who has been arrested on
27.03.2021.
In view of the statements made in the interlocutory application, it is, accordingly, allowed and disposed of.
Heard learned counsel appearing for the petitioners and learned A.P.P. appearing for the State.
The petitioners, who are accused for offence under Sections 341, 323, 324, 326, 504 and 506 of the Indian Penal Code, pray for anticipatory bail
expressing apprehension of their arrest in connection with Ramkanda P. S. Case No. 74 of 2020.
Learned counsel appearing for the petitioner submits that there is case and counter case between the parties and the injury sustained by other side is
simple in nature i.e. caused by hard and blunt substance, although allegation of tangi has been made.
Considering the nature of allegation, I do not find it a fit case for anticipatory bail, so far petitioner No.1-Deepak Prasad is concerned, and hence his
prayer for bail is, hereby, rejected.
So far petitioner No.3 is concerned, considering the age as well as the fact that no specific allegation of assault has been made against him, Vijay Sao
is directed to surrender before the court below within four weeks from today and on his surrender, he be released on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Garhwa, in
connection with Ramkanda P. S. Case No. 74 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure and
also on the condition that the petitioner No.3 will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the
learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.
However, if the petitioner No.1 surrender and prays for regular bail, the same be disposed of after taking into consideration the submission advanced
herein, without being prejudiced by the order of this Court.
