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Surendra Prasad Mehta v. the State of Jharkhand

Jharkhand HC4 Nov 2020A.B.A./3241/2020

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioners in connection with a False Evidence and Malicious Prosecution case, directing them to surrender within six weeks and furnish a bond of Rs. 25,000 each.

What did the court decide?

Grant of anticipatory bail conditioned on surrender within six weeks, furnishing a bond of Rs. 25,000 each with two sureties, cooperation with investigation, and specific undertakings regarding contac

Surendra Prasad Mehta Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3241 of 2020

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Surendra Prasad Mehta

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Vikash Kumar

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The State of Jharkhand

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Binod Kr. Dubey, Advocate For the State : Ms. Vandana Bharti, A.P.P

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Order No.03 Dated- 04.11.2020

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Heard the parties through video conferencing.

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Apprehending their arrest in connection with Sadar P.S. Case No.134 of 2016 corresponding to G.R. No.341 of 2016 instituted under Section 193 and 196 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.

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Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were in judicial custody in connection with S.T. Case No.460 of 2015 in the court of learned Sessions Judge, Hazaribagh in which case a petition was filed on behalf of the petitioner No.2 to declare him juvenile which was registered as Criminal Misc. Case No.39 of 2015 and in support of the said contention two witness/co-accused Kalawati Devi who is the mother of the petitioner No.2 and Rajendra Prasad Mehta who is the Headmaster of Central High School, Surajpur were examined as witnesses and Rajendra Prasad Mehta produced original admission register of his school and he has also proved the certificate of date of birth of Vikash Kumar but it appeared to the Sessions Judge, Hazaribagh that the admission register of the petitioner Vikash Kumar is a forged and fabricated document. Hence, this F.I.R. has been registered. It is submitted that the allegation against the petitioners is false. It is next submitted that both the accused Kalawati Devi and Rajendra Prasad Mehta have already been given

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the privileges of anticipatory bail by a co-ordinate Bench of this Court vide order dated 21.10.2016 passed in A.B.A. No.3909 of 2016. It is also submitted that the main allegation is against the accused Kalawati Devi and Rajendra Prasad Mehta. It is lastly submitted that the petitioners are ready and willing to co-operate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

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Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned Chief Judicial Magistrate, Hazaribagh within six weeks from today and in the event of their arrest or surrendering, the petitioners will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Hazaribagh in connection with Sadar P.S. Case No.134 of 2016 corresponding to G.R. No.341 of 2016 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Anil Kumar Choudhary, J . )

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Animesh//

Surendra Prasad Mehta v. the State of Jharkhand

Case brief

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Surendra Prasad Mehta v. the State of Jharkhand

Case brief

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