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2025 DAILYLAW 13171 (JHR)

SHOBHA MANDAL v. THE STATE OF JHARKHAND

A.B.A./2770/2025 · 2025-07-09

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:19692 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2770 of 2025 ----- Shobha Mandal, wife of Dinesh Mandal, resident of House No. 18 A, Near way to Ways School, Side 4, Jagarnath Vihar, New Pundag, P.O- Doranda & P.S Jaganathpur, District Ranchi, Jharkhand. …. Petitioner(s) Versus 1. The State of Jharkhand 2. Jharkhand State Pollution Control Board, through Regional Officer, having its Head Office at Nagar Prasashan Bhawan, HEC, Dhurwa, PO & PS- Jagannathpur, District Ranchi, Jharkhand … Opp. Party(s). ------ CORAM : SRI ANANDA SEN, J ------ For the Petitioner(s) : Mr. R.S. Mazumdar, Sr. Advocate : Mr. Nishant Roy, Advocate : Mr. Srikant Swaroop, Advocate For the State : Mr. Sunil Kumar Dubey, A.P.P. : Ms. Richa Sanchita, Advocate …...... 03/ 09.07.2025: Heard, learned counsel for the petitioner and learned counsel for the State. 2. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest in connection with Complaint Case No. 10355 of 2022, for offences under Sections 15, 16 and 19 of the Environment (Protection) Act, 1986. The case is presently pending before the Learned Court of Additional Chief Judicial Magistrate, Ranchi. 3. It is alleged that the complainant, a government officer from the Jharkhand State Pollution Control Board, was directed to file cases against construction companies violating environmental laws under the Environment (Protection) Act, 1986. Accordingly, a case was filed against M/s Global Infra, a construction company, for building a residential project without getting the required Environmental Clearance, as required by the Environment Impact Assessment Notification, 2006. The Board calculated an interim environmental compensation of Rs.4,27,73,438 against the company, but the amount has not been paid. 4. Learned counsel for the petitioner submits that the petitioner is completely innocent and has been falsely implicated in this case. He further submits that the petitioner is neither the partner/director of the said company nor the employee of the construction company and in no manner is responsible for the affairs of the company. He further submits that the petitioner is one of the landlords and wife of the director of the said construction company. He also submits that the petitioner has no concerned with the company’s operations. He further submits that th petitioner has been wrongly accused without any evidence. He further submits that the petitioner has no criminal antecedent. 5. The learned APP appearing for the state has opposed the prayer for anticipatory bail. He submits that the petitioner is not entitled to the privilege of anticipatory bail. He further submits that the petitioner has violated environmental laws, including not paying the required compensation. He further submits that the charges are serious, so they should not be granted anticipatory bail. 6. After hearing the parties, I find that the petitioner appears to be only one of the landowners and is not shown to have participated in the operations or decision-making of the company which is the builder. No material has been placed on record to indicate her active role in the alleged violation of environmental laws. Considering the above facts and circumstances and the nature of the accusations, I am inclined to grant anticipatory bail to the petitioner. 7. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, she shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of Learned Court of Additional Chief Judicial Magistrate, Ranchi, in connection with Complaint Case No. 10355 of 2022, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his/her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the Trial Court indicating his share in the property. (ANANDA SEN, J.) R.S./