Sahdev Gope Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Sahdev Gope Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail application disposed of with direction to the petitioner to seek regular bail before the concerned Trial Court, the disposal to follow strictly the guidelines/observations of Satender Kumar Antil (Supra); anticipatory bail itself neither granted nor refused, and no view expressed on merits.

Issue for consideration

Whether petitioner Sahdev Gope @ Sahdeo Gope, apprehending arrest in a case registered under Sections 33/41/42 of the Indian Forest Act, should be granted anticipatory bail. +1 more

Court's answer

Without expressing any view on the merit of the case, the petitioner is directed to seek regular bail before the concerned Trial Court.

Ratio / Principle

Since the present case is a complaint case, custodial trial is not required.

Key takeaways

Considering the petitioner similarly situated to co-accused Mukesh Kumar @ Mukesh Gope, the Trial Court is directed to dispose of the petitioner's regular bail application in strict compliance of the guidelines/observation laid down/made by the Hon'ble Supreme Court in Satender Kumar Antil (Supra), i.e., in terms of the coordinate Bench's order dated 15.05.2024 in A.B.A. No. 2522/2024.ratio¶14

Detailed headnote1 paragraphs

Anticipatory Bail Application – A.B.A. No. 2628 of 2024 – High Court of Jharkhand at Ranchi (Rajesh Shankar, J.) – Petitioner Sahdev Gope @ Sahdeo Gope, apprehending arrest in a case registered under Sections 33/41/42 of the Indian Forest Act (offence report alleging construction of a 1.5 K.M long forest road for transporting illegal sand), sought anticipatory bail. Counsel pleaded parity with similarly situated co-accused Mukesh Kumar @ Mukesh Gope, whose A.B.A. No. 2522/2024 was disposed of on 15.05.2024 by a coordinate Bench with direction to seek regular bail before the Trial Court in strict compliance with the guidelines/observations of the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation & Anr. (2021 (10) SCC 773; 2023-SCC online (SC) 452 & 2023-Live Law (SC) 233). Finding the petitioner similarly situated and observing that, the case being a complaint case, custodial trial is not required, the Court — without expressing any view on the merits — directed the petitioner to seek regular bail before the concerned Trial Court, which shall dispose of it in strict compliance of the Satender Kumar Antil guidelines/observations. The anticipatory bail application stands disposed of with these observations and directions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A. B. A. No. 2628 of 2024

Sahdev Gope @ Sahdeo Gope ….. Petitioner

Versus The State of Jharkhand ….. Opposite Party

----- CORAM

HON’BLE MR. JUSTICE RAJESH SHANKAR

----For the Petitioner: Mr. Vishal Kr. Rai For the State: Mr. S. K. Dubey, A.P.P

07/22.07.2024 Heard learned counsel for the parties.

The petitioner apprehending his arrest in connection with the case registered under Sections 33/41/42 of the Indian Forest Act has prayed for grant of anticipatory bail.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and has not committed any offence as alleged in the offence report. It has been alleged that the accused persons had constructed 1.5 K.M long road in the forest area for transportation of illegal sand. It is further submitted that similarly situated co-accused Mukesh Kumar @ Mukesh Gope had preferred A.B.A. No. 2522/2024, which was disposed of vide order dated 15.05.2024 passed by a coordinate Bench of this Court directing him to appear before the Court below and to seek regular bail with further direction to the Court below to dispose of the same in strict compliance of the guidelines laid down by the Hon’ble Supreme Court in the case of Satender

Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2021 (10) SCC 773 as well as the observation made by the Hon’ble Apex Court in the case of Satender Kumar Antil (Supra) reported in 2023-SCC

online (SC) 452 & 2023-Live Law (SC) 233 . Hence, the present anticipatory bail application may also be disposed of in terms with the order dated 15.05.2024 passed in A.B.A. No. 2522/2024.

Having heard learned counsel for the parties and considering that the case of the petitioner is similarly situated to that of co-accused Mukesh Kumar @ Mukesh Gope as well as keeping in view that the present case being a complaint case, custodial trial is not required, without expressing any view on the merit of the present case, the petitioner is directed to seek regular bail before the concerned Trial Court, which shall be disposed of in strict compliance of the guidelines/observation laid down/made by the Hon’ble Supreme Court in the case of Satender Kumar Antil (Supra).

The present anticipatory bail application is accordingly disposed of with the aforesaid observation and direction.

(RAJESH SHANKAR, J)

Satish/-