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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1702 of 2014
Deepak Kumar ...... Petitioner
Versus
1. The State of Jharkhand
2. Jharkhand State Pollution Control Board ...... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE H. C. MISHRA
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For the Petitioner : Mr. A.K. Das, Advocate
For the State : A.P.P.
For the opp.party No.2 : Mr. A.K. Pandey, Advocate.
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6/10.12.2014Heard learned counsel for the petitioner and learned counsel for the State as also learned counsel for the O.P. No.2.
The petitioner is apprehending his arrest in connection with Complaint Case No.502 of 2011, for the offence under Sections 37 of the Air (Prevention & Control of Pollution) Act and 44 of Water (Prevention & Control of Pollution) Act.
There is allegation against the petitioner to have operating the industrial plant under the Air Pollution Control Area without the prior permission of the State Pollution Control Board.
Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and has prayed for anticipatory bail.
It is pointed out by the learned counsel for the Jharkhand State Pollution Control Board that the application filed by the petitioner for NOC had already been rejected by order dated 28.4.2011, which has been brought on record by way of counter affidavit, and still the industrial unit was being operated by the petitioner.
In the facts of this case, I am not inclined to grant anticipatory bail to the petitioner, Deepak Kumar. Accordingly, the prayer for anticipatory bail is hereby rejected.
If the petitioner surrenders in the Court below and make prayer for regular bail, the Court below shall consider his case on its own merits without being prejudiced by this order.
( H. C. Mishra, J.) BS/