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Vijay Kumar Tiwary Alias Vijay Tiwary v. the State of Jharkhand

Jharkhand HC5 Feb 2020A.B.A./364/2020

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a private complaint for cheating and forgery arising from a land dispute. The high court, considering non-presence at occurrence and lack ofuppenstanding, granted anticipatory bail subject to conditions for cooperation and appearance.

What did the court decide?

Petitioners released on bail upon arrest or surrender within four weeks, subject to bond and conditions under Section 438 Cr.P.C.

Vijay Kumar Tiwary Alias Vijay Tiwary Vs the State of… — Cheating and Forgery | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B. A. No. 364 of 2020

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Vijay Kumar Tiwary @ Vijay Tiwary

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Ajay Kumar Tiwary @ Ajay Tiwary

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Sanjay Kumar Tiwary @ Sanjay Tiwary

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… Petitioner Versus The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : M/s Amit Kr. Das, Aditya Kr. Jha, Advs. For the State : Addl. P.P.

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03 / 05.02.2020

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Heard the parties.

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Kotwali P.S. case no. 13 of 2019 registered under Sections 465, 468, 471, 469, 500, 120B, 34 of the Indian Penal Code.

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Learned counsel appearing for the petitioners submits that the informant suspects that the petitioners using his letter head and scanned signature, have written letters to the top leaders of a political party intimating them that the informant has resigned from the said political party and also making allegations in those letters, against such leader and resorted to the character assassination of the informant. It is submitted by learned counsel for the petitioners that the allegation against the petitioners is false. It is next submitted by learned counsel for the petitioners that there is a long standing land dispute between the parties and the informant has initiated 16 litigations including one partition suit against the petitioner, the details of which has been mentioned in para 6 of the anticipatory bail application. It is next submitted that that the petitioner no.1 is a lawyer by profession and is practicing in the Supreme Court of India and at the time of occurrence the petitioner was not present anywhere near the alleged places of occurrence. It is next submitted that the petitioners or the co-

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accused persons never went to G.P.O., Ranchi from where the alleged letter has been sent by registered post and this has been ascertained during the investigation and the C.C.T.V. Camera and photographs do not show the presence of the petitioner there. It is lastly submitted that the petitioners are ready and willing to cooperate with the investigation of the case and co-accused with similar allegations has already been granted privilege of anticipatory bail by this court vide order dated 19.12.19 passed in ABA no. 8608 of 2019, hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

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The learned Addl. PP opposes the prayer for anticipatory bail of the petitioners.

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Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of four weeks from the date of this order, the petitioners shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Ranchi in connection with Kotwali P.S. case no. 13 of 2019 subject to the condition that the petitioners will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

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( ANIL KUMAR CHOUDHARY, J.)

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Smita/-

Vijay Kumar Tiwary Alias Vijay Tiwary v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Vijay Kumar Tiwary Alias Vijay Tiwary v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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