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- 1. Bail Petition No. 349 of 2021 Page 1 of 2 IN THE COURT OF ADDITIONAL SESSIONS JUDGE-IV Kaimur at Bhabua. Adhaura P.S. Case No. 71 of 2020 Bail Petition No. 349 of 2021 28.07.2021 A bail petition u/s 439 CrPC bearing BP No. 349/2021 has been filed on behalf of 1) Kailash Urawan, 2) Mahendra Singh, 3) Jawahir Singh @ Jawahar Singh, 4) Ramlal Singh, 5) Ramlayak Singh, 6) Mohan Singh, 7) Sunil Kumar @ Sunil Singh, 8) Fulmatiya Devi @ Phalmatiya Devi, 9) Vijay Shankar Singh @ Vinod Shankar Singh, 10) Balkeshwar Singh, 11) Parikha Singh @ Ramparikha Singh, 12) Rupnarayan Ram, 13) Lal Bihari Singh, 14) Dinanath Singh and 15) Mehaki Devi, who are in judicial custody since 14.07.2021 in connection with Adhaura P.S. Case No. 71/2020 for offences u/s 147, 148, 149, 323, 307, 353, 332, 333, 337, 338, 188, 427, 342 IPC and 27 Arms Act. These bail petitions were pressed today by their learned Advocate Sri Baldau Singh. A copy of this bail petition was served on State. On previous date LCR was called for which has been received. Heard learned Counsel for the petitioners as well as learned Additional Public Prosecutor for the state. The learned advocate for the petitioners advance the argument that the petitioners are innocent and their names have been implicated in this case merely on the basis suspicion as none of the petitioners could be identified by the informant. It is submitted that no case u/s 307, 353, 332, 333 of IPC or u/s 27 of the Arms Act is made out. It is further submitted that other than petitioners Ramlayak Singh and Mohan Singh, none of the petitioners have any criminal antecedent and all of them had surrendered before the lower court. He prays for bail to the petitioners. Learned Additional Public Prosecutor opposed the bail application on the ground that the allegations are serious in nature and eight police men have received injuries in the hurling of brick bats by the mob which included the petitioners. He further submits that even where the police men are not seriously injured such instance should not be taken lightly as it directly affects the maintenance of law and order by police and leniency will send a wrong message to the society that law breakers can take on the police with impunity. He prayed for rejection of bail petitions. Having heard the rival submissions, perused the record. The brief story of the prosecution as per the fardbyan of the informant Rishikesh Kumar, Forester recorded by Amod Kumar, SI, SHO of Adhaura PS is that on 10.09.2020 the members of an organization Kaimur Mukti Morcha had organized two days sit-in in the proximity of Adhaura Block Head Office without any permission in which they locked the block office and the exit of office of Forest Department illegally which was force opened with the help of police force. On 11.09.2020 the members of said organization again blocked the main and branch road, sat there and made provocative speeches on loudspeaker. 400-500 men and women were participating in this sit-in. The proceedings were going on peacefully but about 14:20 hours the mob entered the block office and ransacked it which was prevented by the use of force. Then they locked the main gate of block office which was broke open by the police. The raging crowd rising slogans proceeded towards Adhaura police station but they were stopped at the main gate where the demonstrators put a lock which was broke by the police. Thereafter, this unruly crowd ran towards the office of Forest Department, entered the barrack and damaged the computer set, photocopy machine, table, chair, Almirah and
- 2. Bail Petition No. 349 of 2021 Page 2 of 2 Contd… 28.07.2021 many official documents, patrolling vehicle and the doors of the range office. The police and forest officers present their tried to exhort them but to no avail. They also tried to put this premises on fire and surrounded the police force and administrative officers and hurled brick bats on them. To disperse the mob police resorted to use of mild force and also fired gun shot in the air to defend themselves but the mob kept on hurling brick bats in which six police persons and two person of forest department received injuries. The photographs and video of this occurrence was taken through forest tiger tracker and other sources. From the video taken and other sources total 29 people were identified which included these petitioners. The LCR was perused. In earlier orders passed in other bail petitions by this court the injury report is mentioned which show that total eight persons have received mild and simple injury on their person. The police have also recorded the statement of the injured police personals who have supported the case. The petitioners are in custody since 14.07.2021 i.e. for just about 15 days. In the case diary no specific role has been assigned to them nor it is mentioned in what manner they had participated in the occurrence. The period during which the petitioners could have been taken for interrogation in police remand is over and no TIP of them has been conducted despite they being in custody for more about 15 days. In my opinion their continued custody will not serve any purpose. Further, from the material available on the record so far no case for offence u/s 307, 333 of IPC is being made out against the petitioners even if they have been made accused by resorting to section 149 IPC as the injuries on the persons of the injured are simple and generally on non-vital part of the body. The case of these petitioners stand on similar footing to the accused who have already been granted regular bail by this court. In above facts and circumstances, this bail petition is hereby allowed and the petitioners 1) Kailash Urawan, 2) Mahendra Singh, 3) Jawahir Singh @ Jawahar Singh, 4) Ramlal Singh, 5) Ramlayak Singh, 6) Mohan Singh, 7) Sunil Kumar @ Sunil Singh, 8) Fulmatiya Devi @ Phalmatiya Devi, 9) Vijay Shankar Singh @ Vinod Shankar Singh, 10) Balkeshwar Singh, 11) Parikha Singh @ Ramparikha Singh, 12) Rupnarayan Ram, 13) Lal Bihari Singh, 14) Dinanath Singh and 15) Mehaki Devi are directed to be released in connection with Adhaura P.S. Case No. 71 of 2020 for offences u/s 147, 148, 149, 323, 307, 353, 332, 333, 337, 338, 188, 427, 342 IPC and 27 Arms Act on their furnishing a bail bond of Rs.10,000/- with two sureties of like amount to the satisfaction of Smt. Amrita Singh, Judicial Magistrate, 1st Class, Kaimur at Bhabua with condition that they will not participate in any dharna or demonstration for which the permission has not been duly obtained from the administration. This petition stands disposed of accordingly. Office is directed to return the LCR to learned court of Smt. Amrita Singh, Judicial Magistrate, 1st Class, Kaimur at Bhabua. The steno to upload a soft copy of this order on CIS today itself. (Dictated) Sd/- ASJ-IV