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Judgment
6 paragraphs · 384 wordsAnil Kumar Choudhary, J
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Ghatsila P.S. Case No.54 of 2023 registered under sections 414 of the Indian Penal Code, under Section 4/21 of MMDR Act, under Rule 54 of Jharkhand Minor Mineral Concession Rules, 2004 and under Rule 7/9/13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation & Storage) Rules, 2017.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the owner of the Hywa Truck was involved in transportation of illegally excavated sand. It is further submitted that the allegations against the petitioner are all false and the petitioner has no knowledge about his vehicle being involved in any illegal activity. It is next submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 16 of the anticipatory bail application. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Addl. 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 depositing 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 A.C.J.M., Ghatsila, in connection with Ghatsila P.S. Case No.54 of 2023 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.