The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (D.B) No. 1268 of 2023 Abhay Kumar @ Abhay Kumar Yadav @ Pintu Yadav, son of Late Narendra Kumar Yadav, resident of Sarda Nagar, Opposite to Vinay Bhawan, Sakrogarh, Sahebganj, P.O. – Sahebganj, P.S. – Sahebganj, District – Sahebganj. ….. Appellant The State of Jharkhand Versus --------- ….. Respondent CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA For the Appellant For the State
Legal Reasoning
then in absence of any prima facie case against the appellant, he may enlarge on anticipatory bail. 10. This Court, in order to examine the aforesaid argument, has gone through the F.I.R. and the case diary. It is evident therefrom that there is no prima facie allegation against the appellant, so as to attract the offence under which the F.I.R. has been registered. The said case has been made to be a case of schedule offence due to the reason of insertion of Section 3/4/5 of the Explosive Substance Act. 11. This Court, after going through the specific provisions as contained under Sections 3/4/5 of the Explosive Substance Act, has found as per F.I.R. and the case diary that as yet there is no incriminating material said to attract the aforesaid offences. So far as the ground taken in opposition of the pre-arrest bail by the learned Additional Public Prosecutor, which is four pending criminal cases is concerned, even accepting the aforesaid fact, but the primary consideration in grant of pre-arrest bail is to see the allegation as levelled in F.I.R. 12. Learned Additional Public Prosecutor is not in a position to dispute the aforesaid fact that there is no specific allegation as levelled in the F.I.R. However, he has submitted that since the investigation is going on there is likelihood of coming of materials in course of investigation. 13. Further, it appears from the F.I.R. that appellant has been implicated in the instant case by taking instance of the other criminal case. 14. This Court considering the aforesaid facts and coming to the impugned order has found that this aspect of the matter has not been 4 considered by the learned court while considering the prayer for pre- arrest bail, which according to our considered view suffers from error. 15. Accordingly, the impugned order dated 15.07.2023 passed in A.B.P. No. 238 of 2023 is hereby quashed and set aside. 16. In view thereof, the instant appeal stands allowed. 17. In consequence thereof, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sahibganj in connection with Borio (J) P.S. Case No. 76 of 2023, subject to the condition that the appellant will cooperate in the investigation / trial and shall appear before the court on the date fixed. In case of non-appearance of appellant on the date fixed, the learned court will be at liberty to cancel the bail bond.
Arguments
-------- : Mr. Indrajit Sinha, Advocate. Mr. Akhouri Awinash Kumar, Advocate. : Mr. Satish Prasad, A.P.P. --------- Order No. 13/Dated: 08th January, 2024 1. The appeal is under Section 21(4) of the National Investigation Agency Act, 2008, directed against the order dated 15.07.2023 passed by learned Sessions Judge, Sahibganj in A.B.A. No. 238 of 2023, whereby and whereunder the prayer for pre-arrest bail of the appellant in connection with Borio (J) P.S. Case No. 76 of 2023, registered under Sections 175, 379 & 414 of the Indian Penal Code, Section 4/54 of Jharkhand Mines Mineral Rules, 2004, Section 21(A), 21(6), 22 of MMDR Act, 1957 and Section 7/9 of Jharkhand Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017 and Sections 3, 4 & 5 of Explosive Substance Act, has been rejected. 2. Learned counsel appearing for the appellant has submitted by referring to the allegation levelled in the F.I.R. that there is no allegation what to say the allegation to be specific since, there is no allegation levelled in the F.I.R. 3. It has further been submitted that the prosecution has not alleged against the appellant either direct involvement or indirect involvement in illegal mining, so as to attract the ingredients of Sections 3 / 4 / 5 of the Explosive Substance Act. 2 4. The submission has also been made by referring to the F.I.R. that he has been made accused in this case merely because one case is instituted against him prior to the present one, even though there is no recovery from the physical or conscious possession of the appellant or from his residential premises. 5. Further submission has been made that the appellant has also responded to the notice issued under Section 41A of the Cr.P.C. by showing his innocence in commission of the crime. 6. Learned counsel for the appellant, based on the aforesaid ground, has submitted that it is case where the privilege of pre-arrest bail is fit to be granted by showing interference with the impugned order dated 15.07.2023. 7. While on the other hand, Mr. Satish Prasad, learned Additional Public Prosecutor appearing for the State of Jharkhand, has opposed the privilege of bail by defending the order passed by learned court dated 15.07.2023. 8. It has been pointed out that four criminal antecedents against the appellant, as taken note in the impugned order regarding the two criminal antecedents and further two criminal antecedents have been referred in the case diary. 9. This Court has heard learned counsel for the parties, gone across the findings of the learned court in the order impugned dated 15.07.2023, the case diary and the affidavit in objection which has been filed in terms of order dated 13.09.2023. Although, it is not in dispute that there is reference of four criminal antecedents against the appellant, which is of like nature, but the question herein, as has been raised on behalf of the appellant that if there is nothing in the F.I.R. 3
Decision
18. Accordingly, the instant appeal stands disposed of. (Sujit Narayan Prasad, J.) Sunil/ (Pradeep Kumar Srivastava, J.)