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2025 DAILYLAW 9481 (JHR)

ANURAG GUPTA ALIAS ANURAG KUMAR GUPTA v. THE STATE OF JHARKHAND

A.B.A./2039/2025 · 2025-03-28

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2039 of 2025 ------ Anurag Gupta @ Anurag Kumar Gupta aged about 36 years son of Arjun Sao @ Arjun Gupta resident of village- Barura, P.O. Narayanpur police station- Kunda District- Chatra .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Abhay Kr. Chaturvedy, Advocate For the State : Mr. Prabir Kr. Chatterjee, Spl.P.P ------ Order No.02 Dated-28-03-2025 Heard the parties. Apprehending his arrest in connection with Complaint Case No.172 of 2021 instituted for the offence punishable under Section 33 of the Indian Forest Act, 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 encroached upon the forest area for the purpose of cultivation of poppy. It is submitted that the allegation against the petitioner is false. It is then submitted that the petitioner has been implicated in this case merely on the basis of surmises and presumptions. It is next submitted that the petitioner has no criminal antecedent as mentioned in para-14 of the instant bail application. It is further submitted that the petitioner undertakes that he will not go to or upon the forest land during the pendency of the case. 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 petitioner. 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 depositing Rs.10,000/- 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 SDJM, Chatra in connection with Complaint Case No.172 of 2021 with the condition that he will co-operate with the trial of the case and he will not go to or upon the forest land 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.) Saroj/