Islam Shekh @ Islam And Ors vs State of Jharkhand

In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 10:30 A.M. onwards. They have no complaint in respect to the audio and video clarity and quality.

Apprehending their arrest, petitioners have filed the instant application for grant of anticipatory bail in connection with Garhwa P.S. Case No. 147 of 2020, for the offences under Sections 188/414/34 I.P.C., Section 21 of MMDR Act, 1957 and Section 4/54 of JMMCR, 2017.

Mr. Manoj Kumar No. 2, learned counsel appearing for the petitioners submits that petitioners have been falsely implicated in this case due to ulterior motive since nothing incriminating material has been recovered from their possession. Learned counsel further argues that no grain of sand was found loaded on the tractor of petitioner No. 1 which finds support from the seizure list itself. Learned counsel submits that tractor of petitioner No. 1 was passing through the river and on the basis of suspicion the same has been seized. Learned counsel further argues that there is no likelihood of their absconding, if the petitioners are enlarged on anticipatory bail.

Mr. Suraj Verma, learned APP vehemently opposes the contention of the petitioners.

In the facts and circumstances, I am inclined to enlarge the petitioners on bail.

Hence, in the event of arrest by the police or surrender before the Court below within a period of four weeks from today, the petitioners named above shall be enlarged on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Garhwa, in connection with Garhwa P.S. Case No. 147 of 2020, subject to fulfillment of the condition as laid down under Section 438 (2) Cr.P.C.