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2019 DIGILAW 426 (JHR)

Hamid Ansari v. State Of Jharkhand

2019-02-12

ANIL KUMAR CHOUDHARY

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JUDGMENT 1. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Silli P.S. Case No.134 of 2018 registered under sections 353/506/34 of the Indian Penal Code. 2. No one turns up on behalf of the parties in-spite of repeated calls. 3. Perusal of the record reveals that the allegation against the petitioner is that petitioner being the owner of tractor was involved in removing of stone from forest area in his tractor. Further allegation against the petitioner is that when the informant seized the tractor and coming with the same, the petitioner along with four to five persons forcibly took away the tractor. It has been averred in the anticipatory bail application that the allegations against the petitioner are all false and the statements made in the FIR is contradictory in the sense that had the petitioner been having any intention of forcibly taking the tractor he would not have fled away from the place of occurrence upon seeing the informant alone. It has also been averred that there is no seizure list available in the record to support the contention of the informant that the tractor was seized and the petitioner did not accede to the demand of illegal gratification by the informant, this false case has been foisted. It has further been averred that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 13 of the anticipatory bail application and that the petitioner is ready and willing to furnish sufficient security including cash security. 4. Considering the facts as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.5000/- and on furnishing bail bond of Rs. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.5000/- and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ranchi, in connection with Silli P.S. Case No.134 of 2018 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.