Allowed

Ejaj Ahmad v. the State of Jharkhand

Jharkhand HC17 Jul 2018A.B.A./393/2018

Case brief

AI extract

What is this about?

The petitioner's application for anticipatory bail in connection with a criminal case for alleged misappropriation of funds was allowed. The court directed surrender within four weeks and specified conditions regarding bail bond, sureties, and cooperation with the investigation.

What did the court decide?

Petitioner admitted on anticipatory bail with directions to surrender within four weeks and furnish bail bond with conditions.

Ejaj Ahmad Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 393 of 2018

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Ejaj Ahmad @ Md. Ejaj Ahmad ….. Petitioner Versus The State of Jharkhand ….. Opp. Party

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--------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. A.K. Das, Advocate. For the State : A.P.P.

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05/Dated: 17/07/2018

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Petitioner is apprehending his arrest in connection with Topchanchi P.S. Case No. 46 of 2014, corresponding to G.R. No. 2124 of 2014, registered under Sections 420, 406, 409, 34 of the I.P.C., lodged on the basis of one written report given by Vijay Ram, Block Education Extension Officer, Topchanchi addressed to Officer-in-Charge, Topchanchi P.S. alleging that one Abdul Banki was the Assistant Teacher in Upgraded Middle School and he is also Secretary of the said School and one Anul was the President of Gram Shiksha Samiti and bank account of the school is being operated by the joint signature of school secretary and the president and Rs. 27,95,441/- has been sanctioned to the aforesaid school, which is kept in bank account. Written report further reveals that out the total amount Abdul Banki has misappropriated Rs. 23 lakhs and Ainul has misappropriated Rs. 4,95,000/-. On the basis of these allegations, the instant case was instituted.

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Learned counsel for the petitioner submitted that petitioner was working as Junior Engineer, Topchanchi Block on contractual basis from 26.05.2005 under Sarv Sikhsha Abhiya and he has tendered his resignation from the said job on 12.08.2013 and the occurrence is alleged to have been committed between 22.04.2014 to 26.05.2014.

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Learned APP has opposed the prayer for anticipatory bail and submitted that from perusal of para-92 of the case diary, it appears that petitioner has tendered his resignation on 12.08.2013, much prior to the alleged occurrence.

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Be that as it may, I am inclined to admit the petitioner on anticipatory bail. The above named petitioner is directed to surrender in the Court below within four weeks from the date of this order and in the event of his arrest or surrender, the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five

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-2-

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thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1^st Class, Dhanbad, in connection with Topchanchi P.S. Case No. 46 of 2014, corresponding to G.R. No. 2124 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also subject to following conditions:-

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(i) One of the bailers shall be close relative of the petitioner. (ii) Petitioner will give an affidavit through his Parivikar that during course of investigation, he will cooperate in investigation and he will remain physically present in the court below as and when his presence is required. (iii) Petitioner is further directed that along with the bail bonds, he will furnish his Cell number and xerox copy of AADHAR Card in the court below. (iv) It shall be open for the I.O. of this case that if he wants to record further statement of the petitioner, he will file an application through APP in the court below and the court below shall release the Cell Number of the petitioner to the I.O., thereafter the I.O. will give 72 hours' notice to the petitioner fixing date, time and place and thereafter, petitioner will appear and get his statement recorded. If petitioner fails to do so, then the I.O. will be at liberty to file application through APP for cancellation of bail bonds of the petitioner.

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Let a copy of order be communicated to the court below and also handed over to the learned APP for transmission to the I.O.

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(Anant Bijay Singh, J.)

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Sunil/

Ejaj Ahmad v. the State of Jharkhand

Case brief

What is this about?

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Ejaj Ahmad v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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