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Judgment
Sanjay K. Agrawal, J
Heard.
This criminal appeal has been filed by the appellants under Section 21(4) of the National Investigation Agency, Act 2008 being aggrieved by impugned order dated 14.07.2022, passed by the Court of learned Special Judge (NIA Act), Bilaspur, District Bilaspur (C.G.), whereby their application preferred under Section 439 of Cr.P.C. for grant of interim bail on account of death of their father and to perform the ritual of immersion of bone has been rejected in connection with Crime No.288 of 2017, registered at Police Station Civil Lines, District Bilspur (C.G.), for offences punishable under Sections 121(A), 122, 123, 120-B, 34 & 201 of the Indian Penal Code and also under Sections 17, 38(2), 39(2) of the Unlawful Activities (Prevention) Act, 1967.
Mr. Amarnath Pandey, learned counsel for the appellants submits that father of the appellants, namely, Radheshyam Yadav died on 08.07.2022, which is evident from the death certificate filed alongwith this appeal as Annexure-A/2. The present appellants are required to visit Prayagraj for performing ritual of immersion of bone of their father (Asthi Visarjan) which was scheduled on 31.07.2022 and, therefore, the learned Special Judge is absolutely unjustified in rejecting the application filed by the appellants herein for grant of interim bail. It is prayed that looking to the facts and circumstances of the present case, for atleast 07 days’ the appellants be enlarged on interim bail to perform the aforesaid ceremony/ritual.
On the other hand, learned State counsel opposed the appeal and prays for its dismissal.
After hearing the learned counsel for the parties and taking into consideration the fact that the father of appellants, namely, Radheshyam Yadav died on 08.07.2022 and the present appellants are required to perform the ritual of immersion of bone of their father (Asthi Visarjan) which is necessary to complete the last rite of the departed soul, we are of the considered opinion that it is a fit case for grant of interim bail to the appellant No.01 only, being elder son of his father, and the learned Court below has committed illegality in rejecting his application for grant of interim bail. Accordingly, the impugned order dated 14.07.2022 (Annexure-A/1), passed by the Court of learned Special Judge, Bilaspur so far it relates to appellant No.01- Dharmendra Yadav is set aside and his application for grant of interim bail is allowed.
Consequently, appellant No.01, namely, Dharmendra Yadav is directed to be released on interim bail from the period 29.08.2022 till 05.09.2022 upon his furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) alongwith one surety to the like amount to the satisfaction of the concerned Court below. The appellant No.01 shall surrender before the Court below on 06.09.2022.
The appeal is allowed to the extent it relates to appellant No.01 and stands dismissed to the extent it relates to appellant No.02.
Certified copy as per rules.