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2025 DAILYLAW 5100 (JHR)

BABLU SINGH ALIAS BABLOO SINGH v. THE STATE OF JHARKHAND

A.B.A./992/2025 · 2025-02-13

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 992 of 2025 ------ 1. Bablu Singh @ Babloo Singh, aged about 52 years, son of Jaleshwar Prasad Singh, resident of Village+PO.-Dhab, P.S.-Dhab, Dist.- Koderma 2. Upendra Singh, aged about 24 years, son of Digamber Singh, resident of Village+PO.-Dhab, P.S.-Dhab, Dist.-Koderma … Petitioners Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Rashmi Kumar, Advocate For the State : Mr. Bishwambhar Shastri, Addl. P.P. ------ Order No.02 Dated- 13.02.2025 Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No. 650 of 2023 registered under sections 33/41/42 of the Indian Forest Act. The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were excavating mica scrap from forest area and caused loss to the forest department and damaged the saplings. It is further submitted that the allegations against the petitioners are all false. It is next submitted that the petitioners are ready and willing to jointly deposit Rs.80,000/- with the D.F.O., Koderma Forest Division without prejudice to their defence in this case, subject to final decision of the case. It is then submitted that the petitioners undertake to cooperate with the trial of the case. It is lastly submitted that the co-accused person has already been given the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 26.11.2024 in A.B.A. No.6615 of 2024. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on showing the proof of jointly deposit of Rs.80,000/- with the D.F.O., Koderma Forest Division without prejudice to their defence in this case, subject to final decision of the case and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Koderma, in connection with Complaint Case No. 650 of 2023 with the condition that the petitioners will cooperate with the trial of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. At the time of conclusion of the trial, the trial court will pass appropriate order regarding the money if any, deposited by the petitioners with the D.F.O., Koderma Forest Division in connection with this case. (Anil Kumar Choudhary, J.) Abhiraj-