Ujjwal Gope v. The State of Jharkhand

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioners For the State ----- : Mr. Akhilesh Kumar Singh, Advocate : Mr. Veervijay Pradhan, A.P.P. Oral Order 04/ Dated : 30.06.2022 ----- The anticipatory bail application filed on behalf of petitioners, namely, Ujjwal Gope, Ashutosh Kumar, Sudhamay Mondal, Sujan Mondal, Bhaskar Mondal and Ananda Lal Ghosh, who are apprehending their arrest in connection with Chirkunda (Maithon O.P) PS Case No. 53 of 2022 for the offence registered under Sections 413, 414/34 of the Indian Penal Code, Section 30(ii) of the Coal Mines Act, Section 4/21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 9/13 of the JMPIMT Act, 2017, pending in the Court of learned Chief Judicial Magistrate, Dhanbad is pressed into motion. Heard the parties. It is submitted by the learned counsel for the petitioners that the petitioners are bona fide transporters. It is alleged that the vehicle was seized loaded about 16.47 cubic meter coals without any valid paper. It is submitted that the petitioner No.1 is the owner and the petitioner No.2 is the driver of the vehicle and have no concern with the seized consignement. It is lastly submitted that the petitioners have got no criminal antecedent. The learned APP opposed the prayer for anticipatory bail. Considering the submissions of the learned counsels and the facts as discussed above, the anticipatory bail application is allowed. Hence, in the event of their arrest or surrender within a period of two weeks from the date of this order, the petitioners named above shall be released on bail on depositing Rs.25,000/- each as cash security money on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below, subject to the conditions laid down under section 438 (2) Cr. P.C. The petitioners will cooperate in the investigation and will appear on notice under Section 41A of Cr.P.C and comply with the condition as laid down under Section 438(2) of the Cr.P.C. Madhav/- (Gautam Kumar Choudhary, J.)