IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   A.B.A. No. 2272 of 2018
Yogendra Prasad Saw @ Yogendra Saw          ...... Petitioner
                       Versus
The State of Jharkhand                      ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner          : Mr. D.K.Jaiswal, Advocate
For the State               : A.P.P
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06/Dated: 19/06/2018

The petitioner is apprehending his arrest in connection with Official C.P. Case No. 28/2013, the case registered under Sections 37, 38 and 39 of Air ( Prevention & Control of Pollution) Act, 1981.

Heard learned counsel for the parties.

Learned counsel for the petitioner has submitted that petitioner licensee of stone crusher. Although petitioner has filed application for renewal of license but the same is pending before the authority concerned, due which stone crusher was closed after lapse of license and he has been falsely implicated in this case. Hence, petitioner deserves bail.

Learned A.P.P opposed the prayer for bail.

In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner on the following grounds :

1. Petitioner shall deposit Rs.15,000/- in the account of Juvenile Justice Fund bearing A/C No. 37344984625, State Bank of India, Hatia Branch on or before 16.07.2018 and produce the receipt of deposition of the aforesaid amount before the trial court on the date of his surrender before the trial court.

2. The petitioner will file undertaking on the date of their surrender duly sworn by pairvikar before the trial court that he will co-operation with the investigation and he will join the investigation as and when required.

3. On the date of surrender, petitioner will furnish bail bonds alongwith his Cell Number and Xerox copy of Aadhar Card before the trial court.

4. If I.O. wants to record the statement of the petitioner, he will file application in the court below through APP for release of the cell number and Xerox copy of Aadhar Card of the petitioner and after getting the same, he will give 72 hours' notice to the petitioner fixing date, time and place and, thereafter, petitioner will appear before him and get his statement be recorded.

5. If petitioner fails to do so, it will be open for the I.O. to file an application before this court through the Addl.P.P. for cancellation of bail bonds of the petitioner.

Accordingly, the above named petitioner is directed to surrender in the Court below on or before 24.07.2018 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. 15,000/- (Rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of JM, Ist Class Bermo at Tenughat, in connection with Official C.P. Case No. 28/2013, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

Let a copy of this order be communicated to the court below through FAX and also handed over to learned APP for transmission of the same to the I.O of this case.

Let a copy of this order be communicated to the Member Secretary, Jharkhand State Legal Services Authority ( JHALSA), Ranchi to place the same before the Hon'ble Acting Chief Justice.

Let the LCR be remitted to the court below at once.

( Anant Bijay Singh, J.) Raman/