High CourtsSingle Bench

Rajesh Aind vs State Of Jharkhand

Jharkhand High Court · Decided on 31 May 2024 · Citation: (2024) 05 JH CK 0077

HON’BLE JUDGES
Pradeep Kumar Srivastava, J
ACTS & SECTIONS REFERRED
Indian Forest Act, 1927 — Section 33 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 3584 Of 2024
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Judgment

7 paragraphs · 290 words

Pradeep Kumar Srivastava, J

1.

Heard learned counsel for the parties.

2.

Apprehending his arrest in connection with Complaint(Forest) Case No. 08 of 2024 instituted under Sections 33 of the Indian Forest Act, the petitioner has moved this Court for grant of privilege of anticipatory bail.

3.

It is alleged that petitioner is owner-cum-driver of the tractor which was found indulged in illegal transportation of 30 cft of sand without any valid documents.

4.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner and he has no concern with seized sand. Petitioner has no criminal antecedent and he further undertakes to co-operate with the trial of the case. Hence, the petitioner may be extended the privilege of anticipatory bail.

5.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender before the Court below within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Khunti in connection with Complaint(Forest) Case No. 08 of 2024 with the condition that he will co-operate with the trial of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.