Partly allowed

Lalka Alias MD Muslim v. the State of Jharkhand

Jharkhand HC21 Feb 2022A.B.A./263/2022

Case brief

AI extract

What is this about?

Anticipatory bail application filed by six petitioners was disposed of. Application for petitioner 1 was rejected as the application was not pressed. Anticipatory bail was granted to petitioners 2 to 6 who surrendered within eight weeks and recorded bails with fixed amounts and conditions.

What did the court decide?

Anticipatory bail granted to petitioners 2 to 6; petitioner 1 dismissed. Petitioners directed to surrender within eight weeks and deposit cash security.

Lalka Alias MD Muslim Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B. A. No. 263 of 2022

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Lalka @ Md. Muslim

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Siko Mian @ Sikanndar Mian @ Md. Siko

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Suresh Yadav

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Budhu Yadav @ Raj Kumar Ram

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Siju Yadav @ Suraj Yadav @ Sarju Yadav

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Birju Yadav @ Birju Gope

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… Petitioners

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Versus

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The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Shailendra Jit, Adv. For the State : Mr. P.K. Chatterjee, Spl. P.P.

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03 / 21.02.2022

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Heard the parties through Video Conferencing. Learned counsel for the petitioners submits that he does not press anticipatory bail application in respect of petitioner no. 1- Lalka @ Md. Muslim.

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Accordingly, anticipatory bail application in respect of petitioner no. 1- Lalka @ Md. Muslim stands rejected as not pressed.

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So far as petitioners nos. 2 to 6 are concerned, these petitioners apprehending their arrest in connection with Giridih (M) P.S. Case No. 101 of 2020 instituted under Sections 379, 413, 34 of the Indian Penal Code, Section 30 of Coal Mines (Nationalization) Act and Section 21/23 of MMDR Act, they have moved this Court for grant of privileges of anticipatory bail.

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Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were involved in illegal mining of coal from the prohibited area of CCL by making ditch in the said area. It is submitted that the allegation against the petitioners is false. It is then submitted that the petitioners undertake to cooperate

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with the investigation of the case and to furnish sufficient security including cash security. It is lastly submitted that the co-accused person has already been given the privilege of anticipatory bail by this Court vide order dated 19.08.2021 in A.B.A. No.5492 of 2021 and vide order dated 06.09.2021 in ABA No. 6170 of 2021, hence, it is submitted that the petitioner nos. 2 to 6 be given the privileges of anticipatory bail.

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The learned Spl. PP opposes the prayer for anticipatory bail of the petitioners.

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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 nos. 2 to 6. Accordingly, the petitioner nos. 2 to 6 are directed to surrender in the Court within eight weeks from today and in the event of their arrest or surrendering, the petitioner no. 4 shall be enlarged on bail on depositing Rs.10,000/- as cash security and rest petitioners i.e. petitioner nos. 2, 3, 5 & 6 shall be enlarged on bail on depositing Rs. 20,000/- each as cash security and on their furnishing bail bond of Rs. 25,000/(Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Giridih in connection with Giridih (M) P.S. Case No. 101 of 2020 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their 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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Smita/-

Lalka Alias MD Muslim v. the State of Jharkhand

Case brief

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Lalka Alias MD Muslim v. the State of Jharkhand

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