Allowed

Manish Kumar Tayal v. The State Of Jharkhand

Jharkhand HC24 Sept 2018A.B.A./7343/2017

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a case for theft (Sections 379/411 IPC) and mining violations. The court directs surrender by a specified date and imposes conditions including a deposit, undertaking to cooperate with investigation, and furnishing contact details.

What did the court decide?

Anticipatory bail granted contingent on surrender, deposit of security, furnishing undertaking, and allowing investigation proceeds with conditions.

Manish Kumar Tayal Vs The State Of Jharkhand — Cheque Dishonour | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B. A. No. 7343 of 2017 Manish Kumar Tayal …… Petitioner Versus The State of Jharkhand …… Opposite Party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner :Mr. Kanti Kumar Ojha, Advocate

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For the State :A.P.P

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08/Dated: 24/09/2018

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Petitioner is apprehending his arrest in connection with Pakur (M) P.S. Case No. 83 of 2017, corresponding to G.R. No. 580 of 2017 for the offence under sections 379/411 I.P.C and under section 3 of J.T.T.R , 2005, 4/21 of M.M.D.R. Act 1957 and 6 of J.M.D.R Rule, 2007.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and he has committed no offence as alleged in the F.I.R. No case under the alleged offence is made out against the petitioner. Petitioner is owner of the alleged truck, in which the coal was loaded with proper and genuine documents concerning to genuineness of coal.

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Learned A.P.P opposed the prayer for anticipatory bail.

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Today, in terms of order dated 24.08.2018, I.O is physically present along with up-to-date case diary which reveals that statement of the petitioner was recorded who has given exculpatory statment.

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Physical presence of the I.O is dispensed with.

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In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners on the following grounds:

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(i) The petitioner is directed to deposit Rs. 25,000/- in the trial court on the date of his surrender and the said deposition of amount by the petitioner will be subject to result of the case and will not affect the case of the petitioner during trial.

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(ii) The petitioner will file undertaking on the date of his surrender duly sworn by

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pairvikar before the trial court that he will co-operate with the investigation and he will join the investigation as and when required.

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(iii) On the date of his furnishing bail bond, the petitioner will furnish his cell number and xerox copy of Aadhar card before the trial court.

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(iv) If the I.O wants to get further statement of the petitioner recorded, the I.O will file application before the trial court through learned A.P.P thereafter trial court will supply the cell number of the petitioner to the I.O, thereafter I.O will record the statement of the petitioner after giving 72 hours' notice fixing date, time and place to the petitioner and on the date fixed, the petitioner will appear before the Investigating Officer.

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(v) If the petitioner fails to do so, it is open to the I.O to file application for cancellation of bail of the petitioner before this court through learned A.P.P

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Accordingly, the above named petitioner is directed to surrender in the Court below latest by 09.10.2018 and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 15,000/(Rupees fifteen thousand)with two sureties of the like amount each to the satisfaction of the court of learned S.D.J.M, Pakur in connection with Pakur (M) P.S. Case No. 83 of 2017, corresponding to G.R. No. 580 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C and one of the bailors must be local resident of Pakur district.

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Let a copy of this order be communicated to the concerned court through FAX and a copy of this order be handed over to the learned A.P.P for its transmission to the I.O.

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(Anant Bijay Singh, J.)

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Satyarthi/-

Manish Kumar Tayal v. The State Of Jharkhand

Case brief

What is this about?

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Manish Kumar Tayal v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

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