Kamal Oraon And Ors vs State Of Jharkhand

Heard the parties through Video Conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the

lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the

present.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Sisai P.S. case no. 106 of

2020 registered under Sections 379, 411, 34 of the Indian Penal Code, Rule 4/54 of JMMC rules, 2004 as well as Rule 13 of Jharkhand Minerals

(Illegal Mining Transportation and Storage) Rule, 2017.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners being drivers of the trucks were involved in transportation of sand. It is then submitted that the allegations against the petitioner are all false. It is next submitted that the petitioners are ready to co-operate with the investigation of the case and also ready and willing to furnish sufficient security including cash security hence, the petitioners be given the privilege of anticipatory bail.

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioners.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of three months from the date of this order, the petitioner no. 1 shall be released on bail on furnishing cash security of Rs. 20,000/- and petitioner no. 2 shall be released on bail on furnishing cash security of Rs. 60,000/- and on their furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Gumla in connection with Sisai P.S. case no. 106 of 2020 subject to the condition that the petitioners will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.