Jaglal Prasad vs State Of Jharkhand

Heard the parties through video conferencing. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in

connection with Gumla P.S. case no. 191 of 2020 registered under sections 379 of the Indian Penal Code, section 7/13 of Jharkhand Minerals

(Prevention of illegal Transportation & Storage) Rule, 2017, under section 4/54 of JMMC Rule, 2004, section 33 of Indian forest Act, 1927 and under

section 3 of Explosive Substance Act, 1908.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that he was crushing stone chips in his crusher

machine for commercial purpose. It is then submitted that the allegations against the petitioner are all false. It is further submitted by learned counsel

for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph no. 2 of the supplementary affidavit dated 31.10.2020. It is

next submitted that the petitioner undertakes to co-operate with the investigation of the case and is also ready and willing to furnish sufficient security

including cash security of Rs. 10,000/-. It is lastly submitted that the co-accused person has already been given the privilege of anticipatory bail by this

Court vide order dated 14.09.2020, passed in A.B.A. No. 3591 of 2020. Hence, it is submitted that the petitioner be also 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 above named petitioner.

Hence, in the event of his 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 depositing cash security of Rs. 10,000/- 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 CJM, Gumla in connection with Gumla P.s. case no. 191 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 his mobile number during the

pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.