Allowed

Surendra Prasad Gupta v. the State of Jharkhand

Jharkhand HC24 Mar 2022A.B.A./2059/2022

Case brief

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What is this about?

The High Court granted anticipatory bail to the petitioner, directing surrender within six weeks and payment of Rs. 25,000 cash security subject to conditions including cooperation with investigation.

What did the court decide?

Petitioner granted anticipatory bail with direction to surrender within six weeks, deposit Rs. 25,000 cash security, and furnish a bail bond with two sureties.

Surendra Prasad Gupta Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2059 of 2022

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Surendra Prasad Gupta .... .... …. Petitioner

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Versus

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The State of Jharkhand

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.... .... ....Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Shekhar Prasad Gupta, Advocate For the State : Mr. P.K. Chatterjee, Spl.P.P ------

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Order No.02 Dated- 24.03.2022

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Heard the parties.

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Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks from the date of this order.

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In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

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Apprehending his arrest in connection with Balumath P.S. Case No. 270 of 2021 instituted under Sections 414, 420, 467, 468, 471, 34 of the Indian Penal Code, Section 21 of MMDR Act, Section 30 of Coal Mines (Nationalization) Act and Rule 13 Jharkhand Minerals(Prevention of Illegal Mining, Transportation and Storage) Rules, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being owner of a vehicle was involved in transportation of coal illegally by forging registration number of the said vehicle. It is next submitted that the petitioner is in no way concerned with the seized articles. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards para-12 of the instant anticipatory bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

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Learned Spl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.25,000/-(Rupees twenty five thousand) as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Latehar in connection with Balumath P.S. Case No. 270 of 2021 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Anil Kumar Choudhary, J . )

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Pappu/

Surendra Prasad Gupta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Surendra Prasad Gupta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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