Sudhir Sharma And Ors vs State Of Jharkhand

The 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 Bagodar P.S. Case

No.155 of 2020 (G.R. No.1735 of 2020) registered under sections 147/ 148/ 149/ 188/ 269/ 270/ 290/ 186/ 341/ 323/332/353 of the Indian Penal Code,

Section 51 of NDMA Act and under Section 3 of Epidemic Act.

Perusal of the record reveals that the allegation against the petitioners is that the petitioners blocked the G.T. Road and used criminal force against the

police personnel deterring them from discharging their duties. It is further averred in the anticipatory bail application that the allegation against the

petitioners are all false and during the pendency of civil suit, the father of the petitioner no.4 Akhil Niranjan Sharma filed a petition before the S.D.M.,

Sariya stating therein that his co-sharer Kapildeo Sharma with the help of some antisocial elements wants to construct a wall over the said land and a

proceeding was started and order was passed to file the show cause but in the meantime, the informant party started construction on the said land and

on objection, the petitioners were assaulted. It is next averred that the matter was informed to the Bagodar Police Station but with the collusion of

Kapildeo Sharma, no action was taken against the opposite party and when the petitioners went to police station then the police caught the collar of

the petitioner no.1 Sudhir Sharma and took him inside the police station and started torturing him and lastly the petitioners sat on picket and the same

was also published in a newspaper with photograph. It is next averred that the petitioners are ready to abide by any terms and conditions imposed

upon them by this Court and they have no criminal antecedent as has been mentioned in paragraph no.14 of the anticipatory bail application.

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 depositing

cash security of Rs.5000/- each 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 J.M., Giridih, in connection with Bagodar P.S. Case No.155 of 2020 (G.R. No.1735 of 2020) 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.