Allowed

Sanjay Kashyap v. the State of Jharkhand

Jharkhand HC12 Sept 2019A.B.A./4933/2019

Case brief

AI extract

What is this about?

In an application for anticipatory bail under Section 438 Cr. P.C. arising from allegations of cheating and forgery involving unreleased money, the Court granted anticipatory bail subject to the deposit of a demand draft by the petitioner to the informant and compliance with specific investigation conditions.

What did the court decide?

Anticipatory bail granted; release on deposit of Rs. 2,50,000 demand draft and bail bond of Rs. 25,000 with two sureties, subject to cooperation with investigation.

Sanjay Kashyap Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 4933 of 2019

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Sanjay Kashyap

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Sanjay Kashyap … Petitioner Versus 1. The State of Jharkhand 2. Chando Sahu … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. P.K. Shrivastava, Advocate For the State : Mr. P.D. Agrawal, Addl. P.P.

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Order No.05 Dated- 12.09.2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sadar (Lohsinghna) P.S. Case No.716 of 2015 (G.R. No. 2722 of 2015) 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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The Learned counsel for the petitioner submits that the allegation against the petitioner is that he has taken Rs.6,50,000/from the informant but he has only repaid Rs.4,00,000/- out of that amount and he is not repaying the remaining amount of Rs.2,50,000/-. It is further submitted that the allegation against the petitioner are false. It is next submitted that the petitioner is ready and willing to repay the remaining amount of RS.2,50,000/- to the informant without prejudice to his defence in this case and undertakes to cooperate with the 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

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three months from the date of this order, he shall be released on bail on depositing a demand draft of Rs.2,50,000/- drawn in favour of the informant 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., Hazaribagh, in connection with Sadar (Lohsinghna) P.S. Case No.716 of 2015 (G.R. No. 2722 of 2015) 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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In case, the petitioner deposits the aforesaid demand draft of Rs.2,50,000/-, the court below is directed to issue notice to the informant and hand over the said demand draft to him, after proper identification.

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At the time of conclusion of the trial, the learned trial court will pass appropriate orders regarding the amount, if any, deposited by the petitioner with the informant.

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(Anil Kumar Choudhary, J . )

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Sonu-

Sanjay Kashyap v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sanjay Kashyap v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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