Facts of the Case

The petitioners approached the Jharkhand High Court seeking anticipatory bail apprehending their arrest in connection with Jharia P.S. Case No. 52 of 2022. The FIR alleged that they were involved in the illegal excavation and transportation of coal without valid documents, thereby causing substantial revenue loss to the State Government.

The petitioners contended that they had been falsely implicated. They produced documents including GST e-way challans and e-way bills before the Court. It was submitted that the e-way bill had been found genuine, while the remaining documents were still subject to investigation by the Investigating Officer. The petitioners also relied upon earlier orders of the same Bench granting anticipatory bail to similarly placed co-accused in connected matters.

Issues Involved

  1. Whether the petitioners were entitled to anticipatory bail under Section 438 CrPC in connection with allegations relating to illegal excavation and transportation of coal.
  2. Whether the existence of genuine GST e-way documentation and parity with co-accused justified the grant of anticipatory bail.
  3. Whether custodial interrogation was necessary at the stage of investigation.

Petitioners' Arguments

  • The petitioners asserted that they were innocent and had been falsely implicated.
  • They produced relevant documents, including GST e-way challans and e-way bills.
  • It was submitted that the GST e-way bill had already been found genuine, while other materials remained under investigation.
  • They relied upon orders granting anticipatory bail to similarly situated co-accused in connected anticipatory bail applications decided by the same Bench.
  • The petitioners undertook to cooperate fully with the investigation and comply with every condition imposed by the Court.

Respondent's Arguments

The State opposed the grant of anticipatory bail and prayed for rejection of the application considering the allegations contained in the FIR regarding illegal excavation and transportation of coal.

Court Order / Findings

After considering the facts, circumstances of the case, nature of allegations and materials available on record, the Jharkhand High Court held that the petitioners deserved the protection of anticipatory bail.

The Court directed that the petitioners surrender before the trial court within four weeks. In the event of their arrest or surrender, they were directed to be released on anticipatory bail upon furnishing bail bonds of ₹25,000 each with two sureties of the like amount to the satisfaction of the learned ACJM, Dhanbad.

The Court further imposed the following conditions:

  • The petitioners shall cooperate with the investigation.
  • They shall appear before the Investigating Officer whenever required.
  • They shall furnish their mobile numbers and photocopies of their Aadhaar Cards.
  • They shall not change their mobile numbers during the pendency of the case.
  • They shall comply with all conditions prescribed under Section 438(2) CrPC.

Important Clarification

  • Grant of anticipatory bail does not amount to a finding of innocence.
  • Production of genuine GST e-way documentation may be considered as a relevant circumstance while examining a request for anticipatory bail, though it does not conclude the criminal investigation.
  • The Court also considered the principle of parity since similarly placed co-accused had already been granted anticipatory bail.
  • The investigation was permitted to continue independently notwithstanding the grant of anticipatory bail.

Link to Download the Order

https://www.mytaxexpert.co.in/uploads/1785564204_2500compressed.pdf  

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