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Cites 2 docs
Section 21 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
The Code Of Criminal Procedure (Amendment) Act, 2005

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Jharkhand High Court
Anil Kumar Yadav @ Anil Yadav vs The State Of Jharkhand on 30 January, 2019
IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    A.B.A. No.337 of 2019
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Anil Kumar Yadav @ Anil Yadav .... .... .... 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. Nawin Kumar, Advocate
     For the State               : Addl.P.P.
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     Order No.04 Dated- 30.01.2019

Apprehending his arrest in connection with Barhi P.S. Case No.311 of 2017 corresponding to G.R. No.3239 of 2017 instituted under Sections 4/54 of Jharkhand Minor Mineral Concession Rules, Section 3/8 of J.M.R.D. Rule and Section 21 of Air Pollution Act, 1981, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that he has stacked illegally excavated stone chips. It is submitted that the allegations against the petitioner are all false and that the land over which the illegally excavated stone chips were kept, does not belong to the petitioner and the petitioner has been implicated in this case only on the basis of statement of some anonymous villagers. Drawing attention of this Court to para-10 of the instant anticipatory bail application, 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 and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Addl.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 Judicial Magistrate, 1st Class, Hazaribagh within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.2,000/-(Rupees two thousand) as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Hazaribagh in connection with Barhi P.S. Case No.311 of 2017 corresponding to G.R. No.3239 of 2017 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Choudhary, J.) Animesh/