The High Court granted anticipatory bail to petitioners facing charges of forgery and illegal stone transportation, conditional on depositing security and cooperation with investigation.
Anticipatory bail granted on deposit of Rs.10,000 cash and Rs.25,000 bond with two sureties, conditional on cooperation with investigation.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7433 of 2021
… Opposite Party ------CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Md. Yasir Arafat, Advocate For the State : Mr. P.K. Chatterjee, Spl. P.P.
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Order No.02 Dated- 04.10.2021
Heard the parties.
Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks.
In view of the personal undertaking of the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Mirzachouki P.S. Case No.41 of 2020 registered under sections 379/414/467/468/471 of the Indian Penal Code and under Section 54 of JMMC Rules, 2004.
The Learned counsel for the petitioners submits that the allegation against the petitioners is that petitioners are the owners cum drivers of the trucks which were involved in transportation of illegal stones by using forged challan . It is further submitted that the allegations against the petitioners are all false. It is next submitted that the petitioners have no criminal antecedent as has been mentioned in paragraph no. 6 of the anticipatory bail application. It is then submitted that the petitioners are ready and willing to furnish sufficient security including cash security and undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners 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 petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.10,000/- each and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sahibganj, in connection with Mirzachouki P.S. Case No.41 of 2020 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers 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 petitioners are entitled to anticipatory bail in a case involving forgery and illegal transportation of stones.
Md. Wasim
Md. Rukshar
The State of Jharkhand
ANIL KUMAR CHOUDHARY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court