The High Court of Jharkhand granted anticipatory bail to the petitioner in a cheating case involving alleged ATM card misappropriation, directing surrender and compliance with investigation.
Anticipatory bail granted; petitioner directed to surrender and provide sureties and bond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.615 of 2020
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Jitendra Gope .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Nainsukh Lakra .... .... .... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioner : Ms. Sunita Kumari, Advocate For the State : Mr. Naresh Pd. Thakur, A.P.P For the O.P. No.2 : None
Order No.05 Dated- 02.03.2020
Apprehending his arrest in connection with Ghaghra P.S. Case No.137 of 2019 instituted under Sections 420 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Heard learned counsel appearing for the petitioner and learned A.P.P appearing for the State.
No one turns up on behalf of the opposite party No.2 yet Vakalatnama has been filed on behalf of the opposite party No.2.
Learned counsel appearing for the petitioner submits that the defect pointed out at serial No.9 (ii) is that the petitioner has been directed to file the typed copy of the certified copy of page-13 to 16. It is next submitted that the petitioner has already filed the typed copy of page-13 and 14, which were in manuscript form and page-15 and 16 are typed copies itself but the petitioner has no control over the quality of the same. It is then submitted that the petitioner has filed the typed copy as supplied to him by the establishment of the copying section of Civil Court, Gumla. Hence, it is submitted that the defect pointed out at serial No.9 (ii) be ignored.
Considering the aforesaid fact, the defect pointed out at serial No.9 (ii) is ignored.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that by using the ATM Card of the informant, the informant has withdrawn Rs.2,59,303/- from the account of the informant. It is submitted that the allegation against the petitioner is false and vague and the petitioner never withdrew any money from the account of the informant. It is also submitted that the informant has not mentioned the date or time of the ATM Card being misused or deceitfully taken and it is unbelievable that such a
huge amount could have been taken through the ATM Card of the informant without the knowledge of the card holder. It is also submitted that there is a delay of nine months in lodging the F.I.R. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Sub-Divisional Judicial Magistrate, Gumla within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Gumla in connection with Ghaghra P.S. Case No.137 of 2019 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his 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.
(Anil Kumar Choudhary, J . )
Animesh/
3 issues framed by the court
Whether to grant anticipatory bail to the petitioner in connection with an alleged offence of cheating under Section 420 IPC.
Whether to direct the petitioner to surrender and furnish specific conditions for bail.
Whether allegations of false and vague imputations regarding ATM card mis用电量 justify bail.
1 provisions across 1 enactments
Jitendra Gope
The State of Jharkhand
Nainsukh Lakra
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
