Allowed

Anand Pandit v. the State of Jharkhand

Jharkhand HC8 Aug 2022A.B.A./3490/2022

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to the applicants in a complaint registered under the Indian Forest Act. The High Court, without expressing an opinion on the merits of the case, directed that the applicants be discharged upon execution of a bail bond with conditions.

What did the court decide?

Applicants are entitled to be released on anticipatory bail by furnishing a bail bond of Rs.15,000 with two sureties.

Anand Pandit Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3490 of 2022

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Anand Pandit 2. Pahlendra Mahto …. ….. Petitioners

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Versus

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The State of Jharkhand …. …. Opp. Party

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CORAM: HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mr. Rajesh Mahtha, Advocate For the State : Mrs. Vandan Bharti, APP

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7/08.08.2022 Heard learned counsel for the applicants and learned counsel for the informant.

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This anticipatory bail application has been filed on behalf of the abovenamed applicants seeking anticipatory bail in connection with Complaint (Forest) P.S. Case No.281 of 2020, registered under section 33 of the Indian Forest Act, pending in the court of learned Additional Chief Judicial Magistrate, Bermo at Tenughat.

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Learned counsel for the applicants has submitted that as per offence report on 14.05.2020, the forest guard, Nitai Chandra Mahto along with another forest guard Vikash Kumar Mahto were on patrolling in the Birni restricted forest area, they found two persons cutting sakhuwa tree and seeing them both persons fled away leaving an axe and cut down sakhuwa tree which was seized at the place of occurrence. These two persons were identified as Anand Pandit and Phalendra Mahto.

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Learned counsel for the applicants has submitted that the applicants are innocent and have been falsely implicated in this case. They were not apprehended at the spot. Their names figured in the FIR by the villagers on account of village rivalry. The applicants are having no criminal antecedents and they have been implicated in this case with object to humiliate them on being arrested by the police.

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Learned APP on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicants that the applicants managed to flee away; but were identified by the villagers.

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In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the

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case, the applicants are entitled to be released on anticipatory bail, at this stage.

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In the event of arrest, the above named applicants involved in the aforesaid case be released on anticipatory bail, on their furnishing bail bond of Rs.15,000/-(Rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the court concerned on the following conditions :-

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i. The applicants shall make themselves available for interrogation by a police officer as and when required.

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ii. The applicants shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer or tamper with the evidence.

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iii. In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

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iv. The applicants shall co-operate in the trial before the court below and in case of non-cooperation, the trial court would be at liberty to cancel the bail of the applicants without any reference to this Court.

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(Subhash Chand, J.)

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Tarun

Anand Pandit v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Anand Pandit v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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