Pankaj Tiwari vs State Of Jharkhand

Heard the parties through Video Conferencing.

Mr. Sheo Kr. Singh, 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 Daltonganj Sadar P.S. case no. 78 of 2020 registered under Sections 414 of the Indian Penal Code, section 54 of JMMC Rule, Section 21 (4) JMMDR Rules, 1957 and section 7, 9(i), 13 JMPIMTS Rules, 2017.

The learned counsel appearing for the petitioner submits that he is the driver of tractor and the allegations against the petitioner that his vehicle was seized by police for transporting the illegally excavated sand are all false. It is further submitted by learned counsel for the petitioner that the petitioner has no criminal antecedent, as mentioned in paragraph 13 of the anticipatory bail application. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and is also ready and willing to furnish sufficient security including cash security, 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. 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 Palamau at Daltonganj Sadar in connection with Daltonganj Sadar P.S. case no. 78 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.