Prem Prakash Choudhary 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 Mirzachouki P.S. Case No. 85 of 2020 registered under Sections 379, 175 of the Indian Penal Code, Sections 21 (A)/ 21 (6)/ 22 of Jharkhand Mines and Minerals Act, Section 04/54 of JMMC Rules, and Sections 07/09 of Jharkhand Mineral (Prevention of Illegal Mining Transport and Storage Act).

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is involved in illegal mining by using poclain and Hywa vehicle. It is then submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and undertakes to furnish sufficient security including sufficient 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. 20,000/- 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 SDJM, Sahibganj in connection with Mirzachouki P.S. Case No. 85 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.