Allowed

Mukesh Kumar Alias Mukesh Mehta v. the State of Jharkhand

Jharkhand HC6 May 2024A.B.A./4413/2023

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a case alleging illegal operation of a crusher machine and storage of stones. The court noted parity with a co-accused already granted anticipatory bail and enlarged them on bail upon surrender within four weeks, subject to conditions including co-operation with investigation.

What did the court decide?

Anticipatory bail granted: surrender within four weeks, bail bond Rs.25,000 with two sureties, subject to Section 438(2) CrPC conditions and co-operation with investigation.

Mukesh Kumar Alias Mukesh Mehta Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4413 of 2023

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Mukesh Kumar @ Mukesh Mehta

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Pappu Kumar Mehta @ Pappu Mehta

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Anil Kumar @ Anil Kumar Mehta

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioner : Mr. Shailendra Jit, Advocate For the State : Mr. Prabir Kumar Chatterjee, Addl.P.P

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Order No.06/Dated- 06.05.2024

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with Katkamsandi (Pelawal) P.S. Case No. 115/2018 corresponding to G.R. Case No. 1527 of 2018 instituted under Sections 21 of Mines and Minerals (Development and Transportation) Act 1957 and Rule 9 of Jharkhand Mines (Prevention of Illegal Mining, Transportation and Storage) Rule 2017, the petitioner has moved this Court for grant of privilege of anticipatory bail.

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As per F.I.R., the allegation is that petitioners along with accused persons were involved in illegal running of crusher machine and illegal storage of stones.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is further submitted that one of the co-accused namely, Manoj Mehta has been granted anticipatory bail by the Coordinate Bench of this Court vide order dated 09.03.2021 passed in A.B.A. No.602 of 2021 . Petitioner undertakes to co-operate with the investigation of the case and also abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, the petitioner may be extended the privilege of anticipatory bail.

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Learned Addl.P.P appearing for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

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Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and also in view of the fact that one of the co-accused persons has been granted anticipatory bail, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail 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, Hazaribag in connection with Katkamsandi (Pelawal) P.S. Case No. 115/2018 corresponding to G.R. Case No. 1527 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Pradeep Kumar Srivastava, J.)

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Sachin

Mukesh Kumar Alias Mukesh Mehta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mukesh Kumar Alias Mukesh Mehta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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