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Judgment
Heard, learned counsel for the petitioners, Mr. Pankaj Srivastava.
Learned counsel for the petitioners has submitted that defect nos. 8, 9(i) to 9(vi), as per Stamp Reporting dated 13.07.2020, have not been removed,
which he undertakes to remove within 30 days after the lock down period is over and the bail application may be heard, as it is a regular bail
application of the petitioners.
Considering the same, this Court is inclined to hear the instant bail application on merits, but with condition that petitioners shall remove the defect(s)
within 30 days after the lock down period is over.
Joint Registrar (Judicial) is directed to ensure the compliance of this order after the lock down period is over so as to remove the defect(s).
Learned counsel for the petitioners has submitted that the petitioners have prayed for grant of regular bail in connection with Dhurki P.S. Case No.
2/2020, for the offence registered under Sections 341, 323, 353, 379, 411, 504, 506/34 I.P.C.
Learned counsel for the petitioners has submitted that it is alleged in the F.I.R. that Forest department has found the tractor and the tailor of the
petitioner no.1 namely, Tajuddin Ansari loaded with illegal sand. The Forest department has stopped the vehicle and seized the tractor, but this
petitioner along with other persons came and forcibly took away the tractor leaving the tailor at the place of the occurrence.
Learned counsel for the petitioners has submitted that no injury has been caused to the Forest guard or police officer, as such, no case under Section
353 I.P.C. is made out.
Learned counsel for the petitioners has further submitted that neither the tractor nor the tailor of the petitioners were ever seized by the police, as
such, petitioners, who are in custody since 23.04.2020 may be enlarged on bail.
Learned counsel for the State, Mr. Suraj Verma Additional Public Prosecutor has opposed the prayer for bail, but has not disputed that learned court
below has given a liberty to the petitioners to renew their bail after two months from date of impugned order dated 22.06.2020.
Considering the rival submissions of the parties and considering such liberty given by the learned court below in impugned order, the petitioners are
directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each in
connection with Dhurki P.S. Case No. 2/2020 to the satisfaction of learned J.M., 1 st Class, Garhwa on the following conditions:
(i) One of the bailors shall be the deponent / parivikar of the present case namely, Eklakh Ansari, son of Sarfudin Ansari, resident of Village - Khala,
Ward No. 3, P.O. & P.S.-Dhurki, District - Garhwa, who has furnished photocopy of his UID Card bearing number 5986 9211 3102 before this Court
in the bail application.
Office is directed to send the photocopy of UID Card bearing no. 5986 9211 3102 of deponent alongwith this order to the court below so as to verify
the authenticity of the bailor.
(ii) Another bailor shall be close relative of the petitioners i.e. father / mother / son / wife / brother.
(iii) Petitioners shall appear before the learned trial court on each and every date fixed for their appearance, failing which the trial court shall cancel
the bail bonds of the petitioners.
(iv) The Jail Authority shall release the petitioners only after their medical check-up.
(v) The Civil Surgeon, Garhwa is directed to medically examine the petitioners at the time of their release and if they are infected with corona virus,
they shall be taken for quarantine, but if no such requirement is there, they shall be released forthwith, if not wanted in any other case.
(vi) The petitioners shall follow all the guidelines issued by the Government to meet the challenges of Covid-19, as presently Country is passing
through pandemic of Covid-19.
Accordingly, the instant bail application is allowed.