High CourtsSingle Bench

Dilip Kumar Sen @ Dilp Sen @ Dilip Sen vs State Of Jharkhand

Jharkhand High Court · Decided on 19 April 2021 · Citation: (2021) 04 JH CK 0203

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 379, 411 · Mines And Minerals (Development) Regulation Act, 1957 — Section 4, 21 · Jharkhand Minor Minerals Concession Rule, 2004 — Rule 54 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
A.B.A. No. 1718 Of 2021
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Judgment

17 paragraphs · 385 words

The matter is taken up through video conferencing. No one turns up either on behalf of the petitioner or on behalf of the State.

The petitioner is directed to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

Apprehending his arrest in connection with Dhalbhumgarh P.S. Case No.62 of 2020 instituted under Sections 379, 411, 34 of the Indian Penal Code,

Section 4/21 of the Mines and Minerals (Development) Regulation Act, 1957 and Rule 54 of J.M.M.C.R., 2004 the petitioner has moved this Court for

grant of privileges of anticipatory bail.

Perusal of the record reveals that the allegation against the petitioner is that the petitioner and his associates were involved in doing illegal excavation

of gravel marble and its storage and transportation. Perusal of the record next reveals that it has been averred in the anticipatory bail application that

the allegation against the petitioner is false. Perusal of the record next reveals that the petitioner is 80% permanently physically disabled person.

Perusal of the record further reveals that the petitioner has averred in para-19 of the instant bail application that he has no criminal antecedent and in

para-22 it has been averred that he is ready and willing to abide by any terms and conditions imposed upon him by this Court.

Considering the facts of the case, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to

surrender in the Court of learned S.D.J.M., Ghatsila 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 S.D.J.M., Ghatsila in connection with Dhalbhumgarh P.S. Case No.62 of 2020 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.