Rajendra Sahu v. The State of Jharkhand

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Petitioners For the State : Mr. Kripa Shankar Nanda, Advocate : Mrs. Vandana Bharti, Addl.P.P ------ Order No.03 Dated- 05.09.2022 ------ Heard learned counsel for the parties. Apprehending their arrest in connection with Gumla P.S. Case No. 155 of 2022 instituted under Sections 414/34 of the Indian Penal Code, Section 7/13 of JM(PIMTS) Rule, 2017 and Section 4/54 of JMMC Rules, 2004, the petitioners have moved this Court for grant of privilege of anticipatory bail. It is alleged that petitioner nos.1 and 2 are owners of the tractors bearing Reg. Nos. Jh-07F-1585 and JH-07H-4337 respectively which were involved in illegal transportation of sand. 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 with ulterior motive.

Petitioners have no criminal antecedents and have no concern with the alleged offence. In case of their arrest at the hands of police, petitioners shall sustain irreparable loss. 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 petitioners. 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 before the Court concerned within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.5,000/-(Rupees five thousand) each as cash security in the court below without prejudice to their defence in this case and subject to result of trial and on furnishing bail bond of Rs.20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Gumla in connection with Gumla P.S. Case No.

155 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/ (Pradeep Kumar Srivastava, J.)