Ajay Singh vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending his arrest in connection with Ichak P.S. Case No.173 of 2015 corresponding to G.R. No.4757 of 2015 instituted under Sections 379 of the Indian Penal Code, Section 4/5 Explosive Substance Act, Section 33(i) a, 33(i) b and 33(i) c of Indian Forest Act and Section 27/29 of Wild Life Protection Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner along with co-accused persons were involved in illegal extraction of stone in forest area and on seeing the police party, they fled away. It is submitted that the allegation against the petitioner is false. It is then submitted that the petitioner has been implicated in this case only on the basis of anonymous information as it has not been disclosed as to who disclosed the name of the petitioner being involved in this case when as per the case of the prosecution, the petitioner fled away on seeing the police party and thus, police had no occasion to apprehend him from the alleged place of occurrence. It is next submitted that the petitioner has been implicated in this case only because he is the resident of the locality. It is then submitted that the petitioner has no criminal antecedent as has been mentioned in para-9 of the criminal antecedent. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to furnish sufficient security including cash security. It is lastly submitted that the co-accused person has already been given the privilege of anticipatory bail by this Court vide order dated 22.04.2019 in A.B.A. No.2265 of 2019. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned J.M. 1st Class, Hazaribag within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.5,000/-(Rupees five thousand) 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. 1st Class, Hazaribag in connection with Ichak P.S. Case No.173 of 2015 corresponding to G.R. No.4757 of 2015 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.