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Judgment
19 paragraphs · 374 wordsAnil Kumar Choudhary, J
Apprehending his arrest in connection with Sisai P.S. Case No.09 of 2021 instituted under Sections 379, 411 of the Indian Penal Code, Section 4/54 of
J.M.M.C.R. Rule, 2004 and Section 13 of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rule, 2017, the petitioner has
moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the owner of a Hywa vehicle
which was involved in illegal excavation of sand. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court
towards para-12 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is next
submitted that the petitioner had no knowledge about his vehicle being involved in any illegal activity. It is lastly submitted that the petitioner is ready
and willing to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the
petitioner be given the privileges of anticipatory bail.
Learned Spl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to
the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned J.M.-1st Class, Gumla within six weeks from today and in the
event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.20,000/-(Rupees twenty thousand) as cash security and on furnishing
bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Gumla in
connection with Sisai P.S. Case No.09 of 2021 with the condition that he will co-operate with the investigation of the case and appear before the
investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not
change his mobile number during the pendency of the case and further conditions as laid down under Section 438(2) of the Code of Criminal
Procedure.
