Jharkhand High Court
Ravi Yadav @ Ravi Kumar Nirala vs The State Of Jharkhand ... Opposite ... on 23 September, 2019
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 5863 of 2019
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1. Ravi Yadav @ Ravi Kumar Nirala
2. Prakash Yadav @ Om Prakash Yadav
3. Santosh Yadav @ Santosh Kumar ... Petitioners Versus The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. A.K. Sinha, Advocate
For the State : Mr. S. Verma, Spl. P.P.
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Order No.05 Dated- 23.09.2019
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with G.F. Case No.189 of 2015 registered under sections 33 of the Indian Forest Act.
Heard the learned counsel for the petitioners and learned Addl. P.P. for the State.
The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were digging for construction of a check dam inside the forest area with the help of JCB Machine. It is further submitted that the allegation against the petitioner are all false and no JCB Machine has been seized by the forest official nor the description of the JCB Machine has been given and only a spade and hammer has been allegedly seized for being used for construction of check dam. It is next submitted that the petitioners have no criminal antecedent as has been mentioned in paragraph no. 10 of the anticipatory bail application. It is then submitted that the petitioners are ready and willing to furnish sufficient security including cash security and undertakes that they will not enter inside the forest area during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.5000/- each and 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 J.M. 1st Class, Hazaribag, in connection with G.F. Case No.189 of 2015 with the condition that the petitioners will not enter inside the forest area during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C. (Anil Kumar Choudhary, J.) Gunjan-