Grants anticipatory bail to applicant arrested for cheating related to coal diversion, directing surrender and bail conditions under Section 438(2) CrPC.
Anticipatory bail granted; surrender directed within four weeks; bail bond of Rs.10,000 with two sureties required.
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.
- 1 - A.B.A. No.2320 of 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A No.2320 of 2023
Ghanshyam Dangi …… Petitioner
Versus
The State of Jharkhand ….. Opp. Party --------CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioner : Mr. Rajiv Nandan Prasad, Advocate Mr. Sushant Kr. Sinha, Advocate For the State : Mr. Subodh Kr. Dubey, A.P.P For the Informant : Mr. N. K. Jaiswal, Advocate
09/Dated: 11th October, 2023
1. Heard learned counsel for the applicant, learned A.P.P and learned counsel for the informant.
2. Apprehending his arrest, the applicant has approached this Court for grant of privilege of anticipatory bail, in connection with Tandwa P.S. Case No.159 of 2022, registered for the offence under Sections 406/ 407/ 420/ 471/ 120B of the Indian Penal Code.
It appears that there was an agreement between M/s. Rungta Mines Limited and S. R. Infra Projects for delivery of linkage coal from Aamrapali Coal Project to Steel Plant of M/s. Rungta Mines and for the said purpose S. R. Infra Projects has hired fifteen trucks. One of the trucks belongs to this applicant.
3. Innocence of the applicant has been claimed and undertaking has been given for co-operating with the investigating agency and participation in the trial. It has been submitted that after handing over the vehicle to S.R. Infra, this applicant has no control over the said vehicle and it was within the control of S.R. Infra. The prayer for anticipatory bail of the representative of S.R. Infra Projects has already been rejected by this Court. It has further been submitted that since this applicant had no control over the vehicle, in question, after being hired by S.R. Infra and as such the privilege of anticipatory bail may be granted to this applicant.
4. On the other hand, learned A.P.P and learned counsel for the informant has opposed the prayer for anticipatory bail and it has been submitted that fifteen vehicles have diverted the coal and it is a clear cut case where the involvement of this applicant cannot be ruled out.
5. Having heard learned counsel for the parties and from perusal of record, it appears that this applicant is the owner of the vehicle, which has been hired by S.R. Infra Projects for transportation of coal from Aamrapali Coal Project to Steel Plant of M/s. Rungta Mines.
- 2 - A.B.A. No.2320 of 2023
6. Considering the nature of allegation and materials available on record, I am inclined to grant the privilege of anticipatory bail to the applicant. Accordingly, the applicant is directed to surrender in the court below within four weeks from today and in the event of his arrest or surrender, the court below shall enlarge the applicant on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Chatra in connection with Tandwa P.S. Case No.159 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further, this applicant will submit self-attested photocopy of his Aadhaar Card and also submit his mobile number before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
Chandan/-
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant fearing arrest for alleged participation in theft of coal.
Whether the applicant's role as a hired truck owner distinguishes him in guilt compared to the principal transporter.
1 provisions across 1 enactments
A B Dangi
RAJESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
