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Judgment
D.N. Upadhyay
Heard the learned counsel for the petitioners and the learned counsel for the State. This is an application for grant of anticipatory bail filed by the petitioners in connection with Gamharia PS case No. 39 of 2012 for the offence registered under sections 379/427/34 of the Indian Penal Code.
It reveals from the written report that after having dispute with regard to payment of wages, the petitioners with their associates caused damage to the Plant belonging to the informant and they also took away valves and other valuables from the factory premises.
It is submitted that no witness in the case diary has supported the prosecution case. The present case is the result of non payment of salary. Actually, petitioners were going to leave the job, but to keep them in service, this false case has been lodged.
Learned counsel for the State has opposed the prayer, but concedes that no witness, except the informant, in the case diary has raised allegation with regard to commission of theft. Considering above facts and circumstances of the case, both the petitioners above named are directed to appear/surrender before the court below within a period of three weeks positively from the date of this order and on their surrender, they shall be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri A.K. Srivastava, Judl. Magistrate, 1st Class at Seraikella, in connection with Gamharia PS case No. 39 of 2012 (GR No. 374 of 2012), subject to the conditions laid down u/s 438(2) Cr. P.C.