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Judgment
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 Gumla P.S. Case No.407
of 2020 registered under sections 341/ 323/324/379/34 of the Indian Penal Code. Perusal of the record reveals that the allegation against the
petitioners is that the petitioner no.1 has committed theft of mobile phone from the pocket of the informant and when the informant demanded the said
mobile, he was assaulted. It is further averred that the allegations against the petitioners are false and that the petitioners are ready to abide by any
terms and conditions imposed upon them by this Court.
Perusal of the memo of evidence submitted by the prosecution shows that so far only offences punishable under Sections 341/323/ 324/34 of Indian
Penal Code is made out against the petitioners. It also transpires from the memo of evidence that the informant vomited in front of the house of the
petitioner no.1 after taking liquor and the same was protested by the petitioner no.1 hence, the occurrence took place.
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 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 C.J.M., Gumla, in
connection with Gumla P.S. Case No.407 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.
