The court may grant anticipatory bail when false allegations are claimed, provided petitioners assure cooperation in investigations and undertake to not disturb the informant.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

I.A. No.2553 of 2025

1.Heard the parties.

2. Learned counsel for the petitioners submits that this interlocutory application has been filed for not pressing the prayer for anticipatory bail on behalf of the petitioner No.5 namely Debu Mahato as he has been arrested.

3. Prayer is allowed.

4. Accordingly, this anticipatory bail application stands rejected as not pressed in respect of the petitioner No.5 Debu Mahato.

5. This interlocutory application stands disposed accordingly.

A.B.A. No.1574 of 2025.

6. Heard the parties.

7. Apprehending their arrest in connection with Govindpur P.S. Case No.290 of 2024 instituted under Sections 126(2), 329(4), 115(2), 76, 352 and 351 and 3(5) of the B.N.S., 2023 and Section 3/4 the Prevention of witch Craft Act, the petitioner Nos.1, 2, 3, 4, 6 and 7 have moved this Court for grant of privileges of anticipatory bail.

8. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that petitioner Nos.1, 2, 3, 4 and 6 and 7 is that the petitioner Nos.1, 2, 3, 4, 6 and 7 in furtherance of common intention with the co-accused persons outraged the modesty of the informant and called her ‘Dian’. It is next submitted that the allegations against the petitioner Nos.1, 2, 3, 4, 6 and 7 are false and general and omnibus in nature. It is further submitted that because of previous enmity between the parties, this false case has been foisted against the petitioners. It is then submitted that petitioner Nos.1, 2, 3, 4, 6 and 7 and informant are neighbours. It is also submitted that the petitioner Nos.1, 2, 3, 4, 6 and 7 undertake that they will not annoy or disturb the informant and their family members in any manner during the pendency of the case. It is lastly submitted that the petitioner Nos.1, 2, 3, 4, 6 and 7 undertake to cooperate with the investigation of the case and also undertakes to furnish sufficient security including cash security hence, the petitioner Nos.1, 2, 3, 4, 6 and 7 be given the privilege of anticipatory bail.

9. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner Nos.1, 2, 3, 4, 6 and 7.

10. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner Nos.1, 2, 3, 4, 6 and 7. Accordingly, the petitioner Nos.1, 2, 3, 4, 6 and 7 are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Dhanbad in connection with Govindpur P.S. Case No.290 of 2024 with the condition that petitioner Nos.1, 2, 3, 4, 6 and 7 will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and petitioner undertakes that they will not annoy or disturb the informant and their family in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.