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2025 DAILYLAW 3233 (JHR)

ANKIT AGGARWAL v. THE STATE OF JHARKHAND

A.B.A./548/2025 · 2025-01-27

Anil Kumar Choudhary

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.548 of 2025 ------ Ankit Aggarwal, aged about 41 years, S/o Vijay Kumar, R/o Flat No.210 Narayan Residency, Udit Nagar, P.O., P.S. Rourkela & District-Rourkela, Odisha, Pin-769012. .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Ram Pravesh Kumar, aged not Known to petitioner, Regional Officer (In Charge), Regional Office, Dhanbad having its office at Jharkhand State Pollution Control Board, Dhanbad, P.O., P.S. Dhanbad & District-Dhanbad. .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Ajit Kumar, Sr. Advocate : Mr. Sameer Sahay, Advocate For the State : Ms. Priya Shrestha, Spl.P.P. ------ Order No.02 Dated- 27/01/2025 Heard the parties. Apprehending his arrest in connection with Complaint Case No.1880 of 2023 instituted under Section 15 read with section 19 of the Environmental Protection Act, 1986, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned senior counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being the partner of the M/s Mangalam Ispat installed 2x8 ton and 1x10 ton furnace to produce 52,800 TPA MS Ingot within the existing plant area without prior environmental clearance from the competent authority and thereby violated the notification issued in this respect. It is submitted that the allegation against the petitioner is false. It is next submitted that earlier one M/s Hanuman Alloys Pvt. Ltd. was carrying the business in the same area where M/s Mangalam Ispat is now situated and the same was purchased by M/s Mangalam Ispat; through auction held by the Punjab National Bank under S.A.R.F.A.E.S.I. Act. It is lastly submitted that the petitioner undertakes to co- operate with the trial of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Spl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail depositing Rs.1,00,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bokaro in connection with Complaint Case No.1880 of 2023 with the condition that they will co-operate with the trial of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Abhiraj/