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Judgment
Heard learned counsel for the parties through V.C.
As prayed for by learned counsel for the petitioners, the defects pointed out by the Registry are hereby ignored.
The instant application has been preferred by the petitioners for grant of regular bail in connection with Majhgaon P.S. Case No.11 of 2020 registered for offences under Section 354(A) of the Indian Penal Code and 67 (A), 67(B) of the Information Technology Act pending in the court of A.C.J.M., Chaibasa
Learned counsel for the petitioner submits that the allegation against the petitioners is of publishing and transmitting obscene messages in a Whatsapp group. She further submits that even assuming without admitting the entire allegation against the petitioner as true, the remedy at this stage is not custody but counseling.
Learned A.P.P. for the State opposes the prayer for bail.
Taking into consideration entire facts and circumstances of the case, the petitioners are directed to be released on bail. At present the petitioners shall be released on furnishing personal bail bond of Rs.5,000/- (Five thousand only), thereafter when the lockdown period is over, the petitioners shall furnish bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Chaibasa in connection with Majhgaon P.S. Case No.11 of 2020 within a period of one month from the date of lifting of lockdown.
The petitioners shall appear on each and every date during trial before the learned trial court whenever the functioning of regular court begins. Till then, the petitioners shall register their presence before the Principal of the concerned school weekly, failing which the learned trial court shall be at liberty to cancel their bail. The Principal shall also coordinate with the local District Legal Services Authority for appointment of an expert counselor for counseling of the petitioners.
With the aforesaid directions and observations this bail application is allowed and disposed of.