Govind Suren v. The State of Jharkhand

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Petitioners For the State : Mr. J. N. Upadhyay, Advocate : Mr. Naveen Kumar Ganjhu, Addl.P.P ------ Order No. 03 Dated- 06.02.2023 ------ Heard learned counsel for the parties. Apprehending their arrest in connection with Adityapur P.S. Case No. 263 of 2022 instituted under Sections 414/34 of the Indian Penal Code and under Rules 4/54 of JMMC Rules, 2004 and Rule 9/13 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rule, 2017, the petitioners have moved this Court for grant of privilege of anticipatory bail. As per F.I.R. allegation is that petitioner no. 1 is the owner and petitioner no. 2 is the driver of the seized vehicle which was found indulged in illegal transportation of 100 Cft. sand without valid transport challan and other documents. Learned counsel for the petitioners has submitted that the petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case.

Petitioners have no criminal antecedents. It is further submitted that petitioners undertake to co-operate with the investigation of the case and will not indulge in tampering with prosecution evidence and will abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, it is submitted that the petitioners may be extended the privilege of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of this case, the nature of allegation against petitioners coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Seraikella in connection with Adityapur P.S. Case No.

263 of 2022 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Pappu/APK (Pradeep Kumar Srivastava, J.)