IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5067 of 2024
Rajesh Nag …… Petitioner
Versus
The State of Jharkhand ……Opposite party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mrs. Nivedita Kundu, Advocate
For the State : Mrs. Ruby Pandey, A.P.P.
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Order No.02/ Dated:31.05.2024
1. Heard learned counsel for the parties.
2. The petitioner has been made an accused in connection with
Complaint (Forest) Case No. 33 of 2021, registered for the offence
under Section 33/41/42 of the Indian Forest Act, 1927, pending in the
court of learned SDJM at Khunti.
3. As per FIR, allegation is that in the course of regular patrolling,
illegal shal bota was found stocked beside the road of Habo village.
4. Learned counsel for the petitioner has submitted that petitioner is
innocent and has committed no offence at all as alleged in the
complaint case. It is submitted that nothing has been recovered from the
conscious possession of the petitioner and he is not involved in this case
at all rather he has been falsely implicated on the basis of some other
criminal antecedents of similar offence. Criminal notice was given to
the petitioner under Section 41(A) Cr.p.c. The petitioner is languishing
in Judicial custody since 24.04.2024 without any rhymes and reasons.
Petitioner undertakes to co-operate in the trial of the case by remaining
physically present as and when required and abide by all terms and
conditions and shall not indulge in any manner in tampering with the
prosecution evidences or influencing the witnesses of prosecution,
hence, the petitioner may be enlarged on bail.
5. Learned A.P.P appearing on behalf of State has opposed the prayer
for bail of the petitioner and has submitted that there are sufficient
materials against the petitioner showing his involvement in the present
case, hence he does not deserve bail.
6. Regard being had to the facts and circumstances of the case and
nature of allegation against the petitioner coupled with materials
available against petitioner, I am inclined to release the petitioner, on
bail. Accordingly, the petitioner, named above, is directed to be
released on bail on furnishing of bail bond of Rs. 25,000/-(Rupees
Twenty Five Thousand) with two sureties of the like amount each, to
the satisfaction of learned SDJM at Khunti in connection with
Complaint (Forest) Case No. 33 of 2021 subject to the conditions:-
(1) Petitioner shall remain physically present on each and every
date till the conclusion of the trial of this case unless prevented
from sufficient cause to the satisfaction of the learned trial court.
(2) Petitioner shall not indulge in any or other similar offence
till the conclusion of the trial.
(3) Petitioner shall not indulge in tampering with the
prosecution evidences or influencing the prosecution witnesses.
In case of violation of the aforesaid condition the bail of the
petitioner shall be cancelled and shall be taken into custody by the
learned trial court itself.
(Pradeep Kumar Srivastava, J.)
R.K/