Allowed

Rajesh Kumar Mehta v. the State of Jharkhand

Jharkhand HC3 Sept 2019A.B.A./2685/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a case involving illegal mining/stone crushing, directing release upon arrest or surrender within four weeks upon deposit of security and furnishing bond with sureties.

What did the court decide?

Grant of anticipatory bail; release on depositing Rs. 10,000 security and furnishing bail bond of Rs. 25,000 with two sureties upon arrest or surrender within four weeks.

Rajesh Kumar Mehta Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 2685 of 2019

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Rajesh Kumar Mehta … Petitioner Versus The State of Jharkhand … Opposite Party

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Shailendra Jit, Advocate For the State : Mr. Birendra Burman, Addl. P.P. ------

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Order No.07 Dated- 03.09.2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Katkamsandi (Pelawal) P.S. Case No. 115 of 2018 corresponding to G.R. Case No. 1527 of 2018 for the offence registered under Sections 21 of the Mines and Minerals development and transportation Act and 09 of Jharkhand Mines (Prevention of illegal miming, Transportation and storage) Rules 2017.

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Heard the parties.

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Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with the coaccused persons was illegally running a stone crusher. It is further submitted that the allegation against the petitioner are false and he is no way concerned with any stone crusher illegally constructed in village Pabra and it is also submitted that there is in-ordinate delay of 24 days in lodging of the FIR. It is further submitted that it is not forthcoming as to who provided the information to the informant that the petitioner along with the co-accused persons are running crusher machine illegally. It is then submitted that as mentioned in paragraph 19 of the anticipatory bail application, the petitioner has no criminal antecedent. It is further submitted that petitioner is ready and willing to cooperate with the investigation of the case and also willing to furnish sufficient security including cash security. It is lastly submitted that the co-accused persons have already been given the privilege of anticipatory bail by this Court

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vide order dated 28.03.2019, passed in A.B.A. No. 1449 of 2019. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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The learned Addl. P.P. opposes the prayer for anticipatory

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bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that this is a fit case where the petitioner, named above, be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing Rs. 10,000/- as cash security and furnishing bail bond of Rs. 25,000/-(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st class, Hazaribag in connection with Katkamsandi (Pelawal) P.S. Case No. 115 of 2018 corresponding to G.R. Case No. 1527 of 2018 subject to the condition laid down under section 438 (2) Cr. P.C. with further conditions that:

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I. the petitioner will co-operate with the investigation of the

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case,

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II. the petitioner will appear before the Investigating Officer as and when noticed.

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III. the petitioner will furnish his mobile phone number and copy of Aadhar Card by way of filing affidavit in the court below and will undertake that he will not change his mobile phone number during the pendency of this case.

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If Investigating Officer requires mobile phone number of the petitioner, he can make appropriate prayer before the trial court and on such prayer being made the court below will provide mobile number of the petitioner to the Investigating Officer.

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(Anil Kumar Choudhary, J . )

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Sonu-

Rajesh Kumar Mehta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Mehta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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