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2025 DAILYLAW 3602 (JHR)

JIBLAL YADAV ALIAS DIPAK YADAV v. THE STATE OF JHARKHAND

A.B.A./610/2025 · 2025-01-28

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.610 of 2025 ------ Jiblal Yadav @ Dipak Yadav, aged about 39 years son of Mangan Yadav, resident of Village-Salaidih, P.O.-Chalkusha, P.S.-Barkattha, Dist.-Hazaribag, Jharkhand. .... .... …. Petitioner Versus 1. The State of Jharkhand 2. The Forest Officer Dumduma Area, Dumduma, At-Dumduma, P.O.-Chalkusha, P.S.-Barkattha, Dist.-Hazaribag, Jharkhand. .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Mukesh Kr. Mehta, Advocate For the State : Mr. Subodh Kr. Dubey, Addl.P.P. ------ Order No.02 Dated- 28/01/2025 Heard the parties. Apprehending his arrest in connection with G. (Forest) Case No.533 of 2015 instituted under Section 33 of the Indian Forest Act, 1927, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in loading of logs of Sal Trees on his bullock cart after cutting the same from the forest area. It is submitted that the allegation against the petitioner is false. It is lastly submitted that the petitioner undertakes to co-operate with the trial of the case and will not enter into forest area and to deposit Rs.2,000/- with the D.F.O, Dumduma, Hazaribagh West without prejudice to his defence in this case subject to final decision of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl. P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner and submits that place of occurrence is a protected forest land and the same does not belong to the petitioner, hence, the petitioner ought not be given the privileges of anticipatory bail. 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 on showing proof of depositing Rs.2,000/- with the D.F.O, Dumduma, Hazaribag West 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 J.M.-1st Class, Hazaribag in connection with G.(Forest) Case No.533 of 2015 with the condition that they will co-operate with the trial of the case and will not enter into forest area and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. In case the petitioner deposit Rs.2,000/- with the D.F.O, Dumduma, Hazaribag West, learned court below will pass appropriate order regarding the same at the time of conclusion of trial. (Anil Kumar Choudhary, J.) Abhiraj/