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2025 DAILYLAW 3284 (JHR)

ARUN AGGARWAL v. THE STATE OF JHARKHAND

A.B.A./413/2025 · 2025-07-01

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:17380 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.413 of 2025 ------ Arun Aggarwal, S/o Sudesh Kumar Agarwal, 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, 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 : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Ms. Akriti Shree, Advocate For the State : Mr. Pankaj Kumar, A.P.P. ----- 05/ 01.07.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences under Section 15 read with Section 19 of the Environmental Protection Act, 1986. 3. There is an allegation against the petitioner that the company of the petitioner had undertaken the expansion project without the environment clearance. 4. Learned counsel representing the petitioner submits that the Terms of Reference (ToR) was already granted in favour of the petitioner prior to the complaint. It has also been submitted that now after the complaint was filed, environment clearance under the provisions of The Environment Impact Assessment (EIA) Notification of 2006, has already been issued on 29.11.2023. She hands over the copy of the same which was issued by the Ministry 2025:JHHC:17380 2 of Environment, Forest and Climate Change, Government of India, for the purpose of expansion of M/s Mangalam Ispat. 5. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 6. Considering the submission of learned counsel representing the petitioner, since the environment clearance has already been granted on 29.11.2023 and ToR was granted on 01.02.2023, I am inclined to allow this application. 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, he 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 CJM, Bokaro, in connection with Complaint Case No.1880 of 2023, 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 name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. (ANANDA SEN, J.) Prashant. Cp-3