UNAY RAM ALIAS UNAY BAITHA v. THE STATE OF JHARKHAND
A.B.A./608/2025 · 2025-01-28
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4137 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4137 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.608 of 2025
------ Unay Ram @ Unay Baitha, aged about 40 years, S/o Ramdhani Ram, R/o Village-Amrora, P.O.-Amrora, P.S.-Kharoundhi, District- Garhwa (Jharkhand).
.... .... …. Petitioner
Versus
The State of Jharkhand
.... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Syed Tafazzul Sajid, 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 Complaint (CF) Case No.106 of 2023 instituted under Section 33(1)(C) 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 has encroached upon the forest land by constructing a Pucca House under Amrora Protected Forest Area. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner has no concern with the structure made upon the encroached forest land. It is lastly submitted that the petitioner undertakes to demolish the same and furnish the certificate to that effect from the Forest Range Officer, Banathu and also to co-operate with the trial of the case and will not enter into the forest area. 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 furnishing a certificate from the Forest Range Officer, Banathu that the construction made upon the forest land has been demolished 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, Nagar Untari, Garhwa in connection with Complaint (CF) Case No.106 of 2023 with the condition that he will co-operate with the trial of the case and will not enter into the forest area during the pendency 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/