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Cites 5 docs
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 37 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Section 38 in The Water (Prevention and Control of Pollution) Act, 1974
Section 44 in The Water (Prevention and Control of Pollution) Act, 1974
Section 438(2) in The Code Of Criminal Procedure, 1973

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Jharkhand High Court
Deepak Kumar Tebriwal vs The State Of Jharkhand on 19 February, 2015
       IN       THE      HIGH   COURT      OF     JHARKHAND     AT RANCHI
                              A. B. A. No. 3780 of 2014
       Deepak Kumar Tebriwal                       ...... ...  Petitioner
                                   Versus
       The State of Jharkhand                         ..... ...  Opposite Party
                                --------
              CORAM       :     HON'BLE MR. JUSTICE H. C. MISHRA
                                ------
       For the Petitioner                :  Mr. S.K. Verma, Advocate
       For the State                     :  A.P.P.
                                           ------

05/ 19.02.2015

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with O.C.R. Case No. 37 of 2014, for the alleged offences under Section 37 of the Air (Prevention and Control of Pollution) Act, 1981 and Sections 38 and 44 of Water (Prevention and Control of Pollution) Act, 1974.

There is allegation against the petitioner of running the stone crusher without any No Objection Certificate from the Jharkhand State Pollution Control Board.

Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and he had been granted license for running the stone crusher by the Mining Department of the State Government. It is also submitted that the petitioner had already submitted his application before the Jharkhand State Pollution Control Board for the No Objection Certificate, which have been brought on record. Learned counsel has accordingly, prayed for anticipatory bail.

Learned counsel for the State has opposed the prayer for anticipatory bail.

In the facts of the case, I am inclined to grant anticipatory bail to the petitioner, Deepak Kumar Tebriwal. Accordingly, it is directed that in the event of his surrender / arrest, the petitioner, named above, shall 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, Pakur, in connection with O.C.R. Case No. 37 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

( H. C. Mishra, J.) Amitesh/-