Heard the parties through video conferencing. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory
bail in connection with Meral P.S. Case No.04 of 2021 registered under sections 379/411 of the Indian Penal Code, Section 54 (1) of J.M.M.C.A.
Rules, 2017 and under Section 21 of MMDR Act.
The Learned Senior Advocate appearing for the petitioners submits that the allegation against the petitioners is that the petitioner no.1 is the owner
and petitioner no.2 is the driver of the tractor which was seized by police while transporting illegally excavated sand. It is further submitted that the
allegations against the petitioners are all false. It is next submitted that the petitioners have no criminal antecedent as has been mentioned in paragraph
no. 14 of the anticipatory bail application. It is then submitted that the petitioners are ready and willing to furnish sufficient security including cash
security and undertake to cooperate with the investigation of the case. 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 above named 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 depositing cash security of Rs.5000/- each 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 S.D.J.M., Garhwa, in connection with Meral P.S. Case No.04 of 2021
with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed
by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their
mobile numbers during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.
