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Jharkhand High Court

Ramesh Yadav vs The State Of Jharkhand ... Opposite ... on 11 November, 2020

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    A.B. A. No. 5766 of 2020

           1.

Ramesh Yadav

2. Shailesh Kumar Gupta ... Petitioners Versus The State of Jharkhand ... Opposite Party Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioners : Mr. Gautam Kumar, Adv.

         For the State                       : Mr. P.D. Agrawal, Addl. P.P.




02 / 11.11.2020           Heard the parties through Video Conferencing.

Learned counsel for the petitioners personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioners the defects pointed out by the Stamp Reporter are ignored for the present.

Apprehending thier arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Sahibganj (T) P.S. case no. 105 of 2020 registered under Sections 175, 379 of the Indian Penal Code, section 4/54 of JMMR 2004 and section 4(1) Khan Khanij Vikash Act, 1957..

The learned counsel appearing for the petitioners submits that they are the owners of trucks and the allegations against the petitioner that their vehicles were seized by police for transporting the stone chips illegally, are all false. It is further submitted by learned counsel for the petitioners that the petitioners had no knowledge about the said article being carried in their vehicle and they have no criminal antecedent, as mentioned in paragraph 17 of the anticipatory bail application. It is next submitted that the petitioners are ready to co- operate with the investigation of the case and is also ready and willing to furnish sufficient security including cash security, hence, the petitioners be given the privilege of anticipatory bail.

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioners.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on furnishing cash security of Rs. 10,000/- each and 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 CJM, Sahibganj in connection with Sahibganj (T) P.S. case no. 105 of 2020 subject to the condition that the petitioners will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C. (ANIL KUMAR CHOUDHARY, J.) Smita/-