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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6697 of 2018 Dipak Mehta ..... Petitioner Versus The State of Jharkhand ..... Opp. Party ---------
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. Awanish Shekhar, Advocate.
For the State : A.P.P. --------- 05/Dated: 27/11/2018
Petitioner is apprehending his arrest in connection with Ormanjhi P.S. Case No. 54 of 2017, corresponding to G.R. No. 2497 of 2017, registered under Section 379 of the I.P.C. and Section 21(1), 21(6) of Mines and Minerals (Development and Regulation) Act, 1957 and Section 4 of the Jharkhand Minor Mineral Concession Act, and Section 54 of the Jharkhand Minor mineral Concession Rules, 2004 and Sections 3/21A, 37 of the Prevention and Control of Air Pollution Act.
It appears that under order dated 19.11.2018, learned counsel for the petitioner was directed to take instruction as to whether petitioner is ready to deposit Rs. 68,000/- before the trial court, if this Court inclines to grant him anticipatory bail.
Today, when the case is called out, learned counsel for the petitioner has produced copy of order dated 25.08.2018 passed in A.B.A. No. 4820 of 2018, in which co-accused have been admitted on anticipatory bail on certain conditions.
Learned APP has opposed the prayer for anticipatory bail.
Be that as it may, I am inclined to admit the petitioner on anticipatory bail. The above named petitioner is directed to surrender in the Court below within four weeks from the date of this order and in the event of his arrest or surrender, the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Ranchi, in connection with Ormanjhi P.S. Case No. 54 of 2017, corresponding to G.R. No. 2497 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and subject to the further condition:
(i) On the date of surrender, petitioner shall deposit Rs. 7,000/- in the court below, which shall be subject to the result of the case and the aforesaid deposition will not prejudice the -2- case of the petitioner during trial.
(ii) Petitioner will give an affidavit through his Parivikar that during course of investigation, he will cooperate in investigation and he will remain physically present in the court below as and when his presence is required.
(iii) Petitioner is further directed that along with the bail bonds, he will furnish his Cell number and xerox copy of AADHAR Card in the court below.
(iv) It shall be open for the I.O. of this case that if he wants to record further statement of the petitioner, he will file an application through APP in the court below and the court below shall release the Cell Number of the petitioner to the I.O., thereafter the I.O. will give 72 hours' notice to the petitioner fixing date, time and place and thereafter, petitioner will appear and get his statement recorded. If petitioner fails to do so, then the I.O. will be at liberty to file application through APP for cancellation of bail bonds of the petitioner.
Let a copy of order be communicated to the court below and also handed over to the learned APP for transmission to the I.O.
(Anant Bijay Singh, J.) Sunil/