Mukesh Sao vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks.

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, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with C (F) Case No.270 of 2021 registered under sections 41/42 of the Indian Forest Act.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of the tractor which was involved in transportation of seven pieces of wooden logs from the forest area. It is further submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 6 of the anticipatory bail application. It is then submitted that the petitioner is ready and willing to deposit Rs.15,000/- with the Deputy Commissioner, Hazaribag without prejudice to his defence in this case, subject to final decision of the case and undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Spl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall be released on bail on showing the proof of deposit of Rs.15,000/- with the Deputy Commissioner, Hazaribag without prejudice to his defence in this case, subject to final decision of the case and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Hazaribag, in connection with C (F) Case No.270 of 2021 with the condition that the petitioner will cooperate with the trial of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

At the time of conclusion of the trial, the trial court will pass appropriate order regarding the money if any, deposited by the petitioner with the Deputy Commissioner, Hazaribag in connection with this case.