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Judgment
Sashikanta Mishra, J
The petitioners were earlier granted pre-arrest bail as per order passed by this Court in ABLAPL No. 10197 of 2019 considering the offences alleged against them in the FIR namely under Sections 498-A/294/323/506/34 of IPC. Such order was passed on 23.07.2019 inter alia subject to the condition that no other graver offence is reported against the petitioners besides the aforesaid offences. Chargesheet was submitted adding the offence under Section 406/307 of IPC. However, on 24.07.2019, on the prayer of the I.O., the Court below directed issuance of NBW against the petitioners. As such, the petitioners have approached this Court seeking protection from arrest.
It is submitted that order dated 23.07.2019 passed by this Court in the earlier anticipatory bail application was obliviously not within the knowledge of the Court below for which NBW was directed to be issued. Learned State counsel submits that since NBW has already been issued the petitioners should surrender before the Court below and move for bail.
This Court finds that taking note of the FIR allegations, this Court in the earlier bail application thought it proper to grant them the benefit of pre-arrest bail with the rider that the same shall be subject to the condition that no other graver offences are added. Perusal of the FIR reveals that several allegations of physical and mental cruelty have been made against the petitioners by the informant, but nothing further has been brought on record by the State to persuade this court to take a view different from what was taken earlier. Nevertheless, an order of NBW having already been passed it would be in the ends of justice if the petitioner surrenders before the Court below and moves for regular bail. As already stated, there being nothing on record to take an adverse view against the petitioners even upon addition of the graver offences, it is directed that on their surrender, the Court below shall release them on bail on such terms and conditions as it may deem fit and proper to impose.
The ABLAPL is accordingly disposed of.
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