Allowed

Randhir Giri Alias Ghanshyam Giri And Anr. v. The State Of Jharkhand

Jharkhand HC1 May 2018A.B.A./6520/2017

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner in connection with an offence under Sections 419 and 420 IPC. The Court imposed strict conditions for cooperation with the investigation, surrender, and furnishing of personal details before the trial court.

What did the court decide?

Application for anticipatory bail allowed subject to surrender within four weeks, furnishing undertaking, personal details, and cooperation with investigation.

Randhir Giri Alias Ghanshyam Giri And Anr. Vs The… — Cheating and Forgery | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B. A. No. 6520 of 2017

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Randhir Giri @ Ghanshyam Giri …… Petitioner Versus The State of Jharkhand …… Opposite Party

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner :Mr. A.K. Kashyap Sr. Advocate

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Mr. Nawal Kishore Pandey, Advocate

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For the State :A.P.P.

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08/Dated: 01/05/2018

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Petitioner is apprehending his arrest in connection with Chandwa P.S. Case No. 39 of 2017, corresponding to G.R. No. 238 of 2017 for the offence under sections 419 and 420 of the Indian Penal Code.

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It appears that instant anticipatory bail application has been filed on behalf of two petitioners namely, Randhir Giri @ Ghanshyam Giri and Raju Giri and under order dated 24.01.2018 petitioner Raju Giri has been admitted on anticipatory bail and learned counsel for the petitioner was directed to supply the cell number of petitioner Randhir Giri @ Ghanshyam Giri to the learned A.P.P and learned A.P.P was directed to supply the cell number of the petitioner to the I.O and I.O was directed to record the statement of the petitioner by giving 72 hours notice fixing date, time and place and to produce up-to-date case diary.

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Today, learned A.P.P produced up-to-date case diary.

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From perusal of case diary, it appears that the petitioner has appeared before the police and in para 84 of the case diary the statement of the petitioner has been recorded on 05.02.2018 in which petitioner has denied the allegations levelled against him.

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Learned counsel for the petitioner has submitted that save and except the statement of the informant no any independent witness has supported the case of prosecution. Further, it has been submitted that informant has not any chit of paper of his transaction and the allegation is concocted.

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Learned A.P.P opposed the prayer for anticipatory bail and referred para 7, 8, 9 and 11 of the case diary.

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In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner on the following grounds:

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(i) The petitioner will file undertaking on the date of his surrender duly sworn by his pairvikar before the trial court that he will co-operate with the investigation and he will join the investigation as and when required.

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(ii) On the date of his furnishing bail bond, the petitioner will furnish his cell number and xerox copy of Aadhar card before the trial court.

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(iii) If the I.O wants to get the statement of the petitioner recorded, the I.O will file application before the trial court through learned A.P.P thereafter trial court will supply the cell number of the petitioner to the I.O, thereafter I.O will record the statement of the petitioner after giving 72 hours' notice fixing date, time and place to the petitioner and on the date fixed, the petitioner will appear before the Investigating Officer.

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(iv) If the petitioner fails to do so, it is open to the I.O to file application for cancellation of bail of the petitioner before this court through learned A.P.P

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Accordingly, the petitioner is directed to surrender in the Court below within four weeks 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. 15,000/- (Rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the court of learned C.J.M, Latehar, in connection with Chandwa P.S. Case No. 39 of 2017, corresponding to G.R. No. 238 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C and also subject to the condition that one of the bailors must be local resident of Latehar District.

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Let a copy of this order be communicated to the concerned court through FAX and a copy of this order be handed over to the learned A.P.P for its transmission to the I.O.

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Satyarthi/-

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(Anant Bijay Singh, J.)

Randhir Giri Alias Ghanshyam Giri And Anr. v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Randhir Giri Alias Ghanshyam Giri And Anr. v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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