Raj Kumar Mehta @ Rajendra Prasad Mehta @ Raj Kumar v. The State of Jharkhand

CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ----- For the Petitioners : Mr. Hemant Kr. Shikarwar, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P. Order No.04/ Dated:05.03.2024 …..

Heard learned counsel for the parties. Apprehending their arrest in connection with Korrah P.S. Case No. 110 of 2022 instituted under Sections 379, 411, 414, 420, 34 of the Indian Penal Code, Section 4/21 of the M.M.D.R Act, Rule 9/13 of J.M.P.I.M.T.S. Rules and Rule 4/54 of J.M.M.C. Rules, the petitioners have moved to this Court for grant of privilege of anticipatory bail.

As per FIR, there is allegation of supplying illegal stones to crushers. It is alleged that at the illegal mining spot, one drill machine was installed in the Engine of the tractor and it was found operational with the tractor and the compressor machine and drilling of stone was being done.

Learned counsel for the petitioners has submitted that petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case. It is submitted that on the basis of confessional statement of the co-accused name of the petitioners have surfaced in this case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioners. Hence, the petitioners may be extended the privilege of anticipatory bail.

Learned Spl.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 coupled with materials on record, I am inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below 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.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hazaribag in connection with Korrah P.S. Case No. 110 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. R.K/ (Pradeep Kumar Srivastava, J.)