DHARMENDRA YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) This criminal appeal has been filed by the appellants under Sec. 21(4) of the National Investigation Agency, Act 2008 being aggrieved by impugned order dtd. 14/7/2022, passed by the Court of learned Special Judge (NIA Act), Bilaspur, District Bilaspur (C.G.), whereby their application preferred under Sec. 439 of Cr.P.C. for grant of interim bail on account of death of their father and to perform the ritual of immersion of bone has been rejected in connection with Crime No.288 of 2017, registered at Police Station Civil Lines, District Bilspur (C.G.), for offences punishable under Ss. 121(A), 122, 123, 120-B, 34 and 201 of the Indian Penal Code and also under Ss. 17, 38(2), 39(2) of the Unlawful Activities (Prevention) Act, 1967.

(3.) Mr. Amarnath Pandey, learned counsel for the appellants submits that father of the appellants, namely, Radheshyam Yadav died on 8/7/2022, which is evident from the death certificate filed alongwith this appeal as Annexure-A/2. The present appellants are required to visit Prayagraj for performing ritual of immersion of bone of their father (Asthi Visarjan) which was scheduled on 31/7/2022 and, therefore, the learned Special Judge is absolutely unjustified in rejecting the application filed by the appellants herein for grant of interim bail. It is prayed that looking to the facts and circumstances of the present case, for atleast 07 days' the appellants be enlarged on interim bail to perform the aforesaid ceremony/ritual.