Allowed

Subham Kumar Gupta Alias Subham Gupta v. the State of Jharkhand

Jharkhand HC6 Oct 2023A.B.A./3011/2023

Case brief

AI extract

What is this about?

Petitioner approached High Court for anticipatory bail fearing arrest in a case involving illegal coal transport. Court granted bail subject to security deposit, cooperation with investigation, and other standard conditions.

What did the court decide?

Granted anticipatory bail directed to surrender within six weeks and enlarged on bail upon deposit of Rs.10,000 security and furnishing bond with sureties.

Subham Kumar Gupta Alias Subham Gupta Vs the State of… — Anticipatory Bail | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3011 of 2023

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Subham Kumar Gupta @ Subham Gupta

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Anjani Kr. Singh, Advocate For the State : Mr. Prabhu D. Agrawal, Spl.P.P

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Order No.04 Dated- 06/10/2023

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Heard the parties.

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Apprehending his arrest in connection with Ramgarh P.S. Case No.107 of 2018 instituted under Sections 414 of the Indian Penal Code and Section 30 of Coal Mines Nationalization Act, 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 is the owner of a Bolero vehicle which was seized by police while being involved in illegal transportation of coal. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards para-12 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is next submitted that the petitioner had no knowledge about his vehicle being involved in any illegal activity. It is next submitted that the co-accused, with similar allegations, has already been given the privileges of anticipatory bail by this Court vide order dated 31.08.2023 passed in A.B.A. No.5767 of 2023. 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 on the principle of parity, the petitioner be also 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

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bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.10,000/- 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 J.M.1^st Class, Dumka in connection with Ramgarh P.S. Case No.107 of 2018 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 further 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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Animesh/

Subham Kumar Gupta Alias Subham Gupta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Subham Kumar Gupta Alias Subham 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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