Allowed

Manoj Agarwal v. The State Of Jharkhand

Jharkhand HC5 May 2014A.B.A./3364/2013

Case brief

AI extract

What is this about?

In an anticipatory bail application under Sections 438 and 440 CrPC, the petitioner sought protection against arrest in a case involving cheating, forgery, and conspiracy related to truck number plate tampering. The Court considered the gravity of allegations and bail of another accused, allowing the application conditioned on surrender within two weeks and execution of a bail bond.

What did the court decide?

Petitioner allowed anticipatory bail directed to surrender within two weeks and execute bail bond of Rs. 10,000 with two sureties before Judicial Magistrate.

Manoj Agarwal Vs The State Of Jharkhand — Cheque Dishonour | Jharkhand HC (2014)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3364 of 2013

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Manoj Agarwal @ Manoj Kr. Agarwal.... .....Petitioner -VersusThe State of Jharkhand .... .... .......Opposite Party

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CORAM : HON'BLE MR. JUSTICE P.P. BHATT

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----- For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : A.P.P.

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05/ 05.05.2014 The present application has been filed under Sections 438 and 440 of the Code of Criminal Procedure, 1973, seeking anticipatory bail as the applicant/ petitioner is having reasonable apprehension of his arrest in connection with Govindpur P.S.Case No.411 of 2012, corresponding to G.R. No.3651 of 2012, registered for the alleged offence punishable under Sections 414, 420, 120B of the Indian Penal Code, which is now pending in the court of learned Judicial Magistrate, 1^st Class, Dhanbad.

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Learned counsel for the petitioner has submitted that the petitioner is an innocent person and has been falsely implicated in the alleged crime. It is further submitted that there is an allegation of changing of Number Plates of the three trucks involved in the alleged offence and the driver of the truck namely Dharam Roy has been granted regular bail by this Court. It is further submitted that the petitioner was not present at the spot and due to mistake committed by the driver of the truck, the Number Plate of the petitioner's truck was inadvertently changed for the reasons best known to the driver of the truck who has been granted regular bail by this

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Court. It is further submitted that the petitioner is not having any criminal antecedent and is a law-abiding citizen and is ready and willing to co-operate in the investigation and shall abide by the terms and conditions that may be imposed by this Court.

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Learned A.P.P. appearing for the State opposed the anticipatory bail application and submitted that the petitioner is named in the F.I.R. and looking to the allegations made in the F.I.R., there is a prima facie case against the present petitioner having involvement in the alleged offence. Moreover, the owner of the garage has also given statement during the course of investigation that the Number Plates were changed with the consent of the respective owners of the trucks, and therefore, there is a prima facie case against the present petitioner having involvement in the alleged offence.

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Considering the aforesaid rival submissions and having regard to the facts and circumstances of the present application, more particularly, looking to the nature and gravity of the accusation and also considering the fact that the driver of the truck namely Dharam Roy has been granted regular bail as per the order passed in B.A. No.9186 of 2012, the case of the present petitioner also deserves to be considered for grant of anticipatory bail. Accordingly, the petitioner, namely Manoj Agarwal @ Manoj Kr. Agarwal, in the event of his surrender, within a period of two weeks,

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from the date of this order, is directed to be released on bail on executing bail bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1^st Class, Dhanbad, in connection with Govindpur P.S.Case No.411 of 2012, corresponding to G.R. No.3651 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(P.P. Bhatt, J.)

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SI/

Manoj Agarwal v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Manoj Agarwal v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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