IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    A.B.A. No.7713 of 2019
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    Gaurav Mundra                   .... .... .... Petitioner
                             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. Nilesh Kumar, Advocate
     For the State               : Mr. Suraj Verma, A.P.P
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     Order No.04 Dated- 19.11.2019

Apprehending his arrest in connection with Balumath P.S. Case No.141 of 2019 instituted under Sections 379/414/420 of the Indian Penal Code, Section 21/4(A) of the M.M.D.R. Act, Section 37 of Air (Prevention and Control of Pollution) Act, 1981 and Section 44 of Water (Prevention and Control of Pollution) Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is the General Manager of M/s. Sangeeta Sales Private Limited which is involved in handling and transportation of coal from Amrapali Project of CCL to Prayagraj in the State of Uttar Pradesh and it is submitted that there is no dispute that the coal has been validly procured and transportation was to be done on point to point basis but there is deviation. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards the order dated 30.08.2017 passed in W.P. (Cr.) No.483 of 2015, learned counsel for the petitioner submits that as has been mentioned in the said order, a Division Bench of this Court in the case of Abhas Kumar Acksaria & Others Vs. The State of Bihar & Others (Cr.W.J.C. No.33 of 1991 (R) has held that "deviation by a truck carrying coal to a place other than its destination cannot be a criminal offence either under the Indian Penal Code or under the Essential Commodities Act." It is then submitted that the petitioner undertakes that in future he will ensure and take proper care regarding prevention of pollution by the vehicles engaged by his company for transportation of coal and he will ensure that no pollution is caused during the transportation. Drawing attention of this Court towards para-03 of the supplementary affidavit, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Chief Judicial Magistrate, Latehar within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Latehar in connection with Balumath P.S. Case No.141 of 2019 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and he will ensure that in future he will take proper care regarding creation of pollution and he will ensure that no pollution is caused during the transportation and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Choudhary, J.) Animesh/