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Judgment
In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard
to the proceeding, which has been held through Video Conferencing today at 10:30 A.M. onwards. They have no complaint in respect to the audio and
video clarity and quality.
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Nirsa P.S. Case No. 95 of
2017, corresponding to G.R. No. 1479/2017 for the offence registered under Sections 307/302/201/506/120-B of the Indian Penal Code.
Heard the parties.
Learned Sr. Counsel appearing for the petitioners submits that they have falsely been implicated in this case. There is no connecting evidence against
the petitioners collected by the Investigating Officer for last more than two years and the petitioners are being harassed by the police. The petitioner
No.1 is the father of the deceased whereas petitioner No.2 is the uncle of the deceased. The petitioners have got no criminal antecedent. Similarly
situated co-accused persons, namely, Sunil Mandal and Amulya Mandal have been granted anticipatory bail by a Bench of this Court in
A.B.A.No.7551 of 2019 vide order dated 11.02.2020. Hence, the petitioners may also be granted privilege of anticipatory bail.
Learned A.P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, 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 four weeks from the date of this order, they shall be released on bail 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 the learned Judicial Magistrate, 1st Class, Dhanbad, in
connection with Nirsa P.S. Case No. 95 of 2017, corresponding to G.R.No.1479 of 2017 with the condition that the petitioners 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 subject to
the conditions laid down under Section 438(2) Cr.P.C.