Allowed

Akshay Kumar Alias Deepak Kumar v. the State of Jharkhand

Jharkhand HC13 Oct 2020B.A./5893/2020

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted regular bail to the petitioner in a criminal case involving offences under Sections 379/385/34 IPC and the Indian Forest Act, considering co-accused bail and multiple cases lodged for the same occurrence.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 25,000 with two sureties, subject to specific conditions including avoiding forest areas and complying with COVID-19 guidelines.

Akshay Kumar Alias Deepak Kumar Vs the State of… — Environment and Pollution | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI [CRIMINAL MISCELLANEOUS JURISDICTION] B.A. No. 5893 of 2020

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…....

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Akshay Kumar @ Deepak Kumar …… Petitioner Versus The State of Jharkhand …… Opposite Party -----

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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing)

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----- For the Petitioner : Mr. Sheo Kumar Singh, Advocate For the State : Mr. Vineet Kr. Vashistha, A.P.P -----

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02/Dated: 13/10/2020:

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Learned counsel for the petitioner has given an undertaking to comply the previous order with regard to removal of the defect(s).

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Heard, learned counsel for the petitioner, Mr. Sheo Kumar Singh and learned counsel for the State, Mr. Vineet Kr. Vashistha.

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Learned counsel for the petitioner has submitted that petitioner has prayed for grant of regular bail in connection with Chainpur P.S. Case No.278 of 2019, for the offence registered under Sections 379/385/34 IPC and under Section 33/ 34 of Indian Forest Act with regard to removal of 156 Khair tree. .

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Learned counsel for the petitioner has further submitted that for the same occurrence one another case i.e. Complaint case bearing No.2508 of 2019 has been registered with regard to an occurrence dated 25.10.2019 where 45 Khair tree.

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Learned counsel for the petitioner has submitted that co-accused, Nagendra Kumar Tiwari has already been granted bail by Co-ordinate Bench of this Court vide order dated 22.09.2020 in B.A. No.4342 of 2020.

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Learned counsel for the petitioner has submitted that petitioner is in custody since 12.05.2020, as such, he may also be enlarged on bail.

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Learned counsel for the State has opposed the prayer for bail and submitted that this petitioner has criminal antecedent, as such, he may not be enlarged on bail

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After hearing, learned counsel for the parties and perusing the materials brought on record and looking to the facts and circumstances of the case and considering the fact that co-accused, Nagendra Kumar Tiwari has already been granted bail by Co-ordinate Bench of this Court vide order dated 22.09.2020 in B.A. No.4342 of 2020 and considering that for the same occurrence, two cases have been lodged, this Court is inclined to grant Bail to the petitioner. Accordingly, petitioner (Akshay Kumar @ Deepak Kumar), is directed to be

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-2-

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released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Palamau at Daltonganj in connection with Chainpur P.S. Case No.278 of 2019 on the following conditions:-

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(i) One of the bailors shall be deponent/parivikar of the present case namely, Ramadhar Ram, S/o Ramjatan Ram, R/o Village- Mahulia, P.O.- Soh, P.S.Garhwa, District- Garhwa (Jharkhand), who has furnished photocopy of his UID Card bearing No.4093 3484 4619 before this Court in the bail application.

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Office is directed to send photo copy of the UID Card bearing No. 4093 3484 4619 of deponent along with this order to the court below so as to verify the authenticity of the bailor.

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(ii) Another bailor shall be mother/father/brother/sister/son/wife.

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(iii) The petitioner (Akshay Kumar @ Deepak Kumar) shall not enter in the forest area or reserved forest area or notified forest area without prior permission of the Divisional Forest Officer of the concerned area.

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( iv ) The petitioner shall appear before the learned trial court on each and ever date till conclusion of the trial.

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( v )The Jail Authority shall release the petitioner only after his medical check-up.

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(vi) The Civil Surgeon, Palamau at Daltonganj is directed to medically examine the petitioner at the time of his release and if require, petitioner shall be taken for quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

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(vii) Petitioner shall also comply with all the guidelines issued by the Government to meet the challenges of Covid-19, as the country is passing through Pandemic of Covid-19.

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( Kailash Prasad Deo, J.)

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Sandeep/R.S.

Akshay Kumar Alias Deepak Kumar v. the State of Jharkhand

Case brief

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Akshay Kumar Alias Deepak Kumar v. the State of Jharkhand

Case brief

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