Allowed

Ajit Kumar v. the State of Jharkhand

Jharkhand HC3 Sept 2019A.B.A./3093/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a cheating case involving falsified coal transportation records. The petitioner was not named in the FIR initially. The court allowed bail upon security deposit and specified investigation conditions.

What did the court decide?

Grant of anticipatory bail in connection with Tandwa P.S. Case No.220 of 2018 upon deposit of cash security and furnishing of bail bond with two sureties.

Ajit Kumar Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3093 of 2019

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Ajit Kumar … Petitioner Versus 1. The State of Jharkhand 2. Mohan Kr. Gupta … Opposite Parties ------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. H.K. Shikarwar, Advocate For the State : Mr. S.K. Srivastava, Addl. P.P.

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------

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Order No.05 Dated- 03.09.2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Tandwa P.S. Case No.220 of 2018 (G.R. No. 182 of 2019) registered under sections 406/420/467/468/471/120B of the Indian Penal Code.

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Heard the learned counsel for the petitioner and learned Addl. P.P. for the State.

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Though notice was issued to the opposite party no.2, no one turns up on behalf of the opposite party no.2 in-spite of repeated calls.

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that informant engaged 69 hywa/trucks including the Hywa/truck of the petitioner for transporting coal from Amrapali Coal Project, Tandwa to Patratu, Barkakana and Katkamsandi Siding of the informant but the said coal was never loaded at the destination rather forged slips have been produced showing the unloading of coal at the destination. It is further submitted that the allegation against the petitioner are all false and the petitioner is not named in the FIR and his name transpired in this case only on the basis of the confessional statement of the co-accused Md. Mannu. It is then submitted that the petitioner is ready and willing to furnish sufficient security including cash security and undertakes to cooperate with the

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investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

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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 petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing cash security of Rs.10,000/- and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Chatra, in connection with Tandwa P.S. Case No.220 of 2018 (G.R. No. 182 of 2019) with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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(Anil Kumar Choudhary, J . )

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Gunjan-

Ajit Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Ajit Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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