IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.5074 of 2024
Chandan Kumar Yadav @ Chandan Yadav
… Petitioner
Versus
…
The State of Jharkhand Opposite Party
Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
For the Petitioner : Mr. Avishek Prasad, Adv.
For the State : Mr. Abhay Kumar Tiwari, Addl. P.P.
Order No.02/Dated- 31.05.2024
Heard learned counsel for the parties.
2. The petitioner has been made accused in connection with
Nawajaipur P.S. Case No. 13 of 2022 registered under Sections 379, 414,
188 of Indian Penal Code, Section 21 of MMDR Act, Rule 54 of JMMC
Rule and Rule 13(i) of JM(PITS) Rule 2017.
3. As per F.I.R., the allegation against the petitioner is that on
02.06.2022, informant and the police team raided illegal brick kilns and
found several brick kilns operating without any valid documents. The
petitioner is the owner of the said brick kiln under the name of “DBN
BRICKS” in Hurdag, Nawa Jaipur and about 5.50 Lac bricks were
seized. The petitioner denied the allegations but failed to produce any
supporting documents regarding the same.
4. Learned counsel for the petitioner has submitted that the
petitioner is innocent and has committed no offence at all rather he has
been falsely implicated in this case. There is allegation of making 5.50
Lac bricks in the forest area without any licence. Petitioner undertakes
to co-operate with the trial of the case and remain physically present on
each and every date till the conclusion of the trial and shall not indulge
in tampering with the prosecution evidence or influence the witnesses
or gain over them. It is next submitted that the petitioner has no
criminal antecedent. The petitioner is languishing in judicial custody
since 13.04.2024 without any rhymes and reasons. Hence, the petitioner
may be enlarged on bail.
5. Learned Addl. P.P. has opposed the prayer for bail of the
petitioner. Hence, the petitioner may not be enlarged on bail.
6. Considering the facts and circumstances of this case, the nature
of allegation against petitioner coupled with materials available on
record and period of custody of the petitioner, I am inclined to release
the above named petitioner, on bail. Accordingly, the petitioner named
above, is directed to be released on bail 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 JMFC, Palamu in connection
with Nawajaipur P.S. Case No. 13 of 2022 with condition that petitioner
shall appear physically on each and every date during the trial of case
till its conclusion unless his physical appearance is dispensed with for
sufficient cause to the satisfaction of the learned trial court and with
further condition that petitioner shall not indulge in tampering with the
prosecution evidence or influence the witnesses or gain over them.
(Pradeep Kumar Srivastava, J.)
Sachin