This bench granted anticipatory bail to the petitioner in a case involving illegal mining. The court ordered his release on depositing security if arrested or surrendering within six weeks.
Release on bail upon arrest or surrender within six weeks by depositing Rs. 20,000 cash security and bond of Rs. 25,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2196 of 2021
Ashok Yadav … Petitioner Versus The State of Jharkhand … Opposite Party
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mrs. Rashmi Kumar, Advocate For the State : Mr. P.K. Chatterjee, Spl. P.P. ------
Order No.03 Dated- 13.07.2021
Heard the parties through video conferencing.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Chouparan P.S. Case No.21 of 2021 registered under sections 414 of the Indian Penal Code, Section 3/7/9/13 of Jharkhand Mines Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 54 of JMMC Rules, 2004 and under Section 21 of MMDR Act.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of JCB machine which was involved in transportation of illegally excavated stones. It is further submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 2 of the supplementary affidavit. It is then submitted that the petitioner is ready and willing to furnish sufficient security including cash security and undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Spl. P.P. opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six
weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.20,000/- and 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 J.M. 1st Class, Hazaribagh, in connection with Chouparan P.S. Case No.21 of 2021 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.
(Anil Kumar Choudhary, J . )
Sonu/Gunjan-
1 issue framed by the court
Whether the petitioner is entitled to the grant of anticipatory bail in the pending criminal case.
2 provisions across 2 enactments
Ashok Yadav
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
