Fagu Mandal vs State of Jharkhand

Heard the parties through Video Conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the present.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Giridih (M) P.S. case no. 50 of 2020 registered under Sections 379/413/34 of the Indian Penal Code, section 30 of Coal mines (Nationalization) Act 1930, section 21/23 of MMDR Act.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that he is involved in illegal mining of coal. It is then submitted that the allegations against the petitioner are all false and the petitioner has been falsely implicated in this case merely on basis of suspicion. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also ready and willing to furnish sufficient security including cash security and co-accused with similar allegations has already been granted privilege of anticipatory bail by this court vide order dated 16.09.2020 passed in ABA no. 3875 of 2020 hence, the petitioner be given the privilege of anticipatory bail.

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on furnishing cash security of Rs. 20,000/- and furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Giridih in connection with Giridih (M) P.S. case no. 50 of 2020 subject to the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.