The High Court of Jharkhand granted anticipatory bail to the petitioner in a criminal conspiracy case involving cheating, forgery, and corruption related to a scholarship fraud.
Anticipatory bail granted on depositing Rs.50,000/- and furnishing a bail bond of Rs.25,000/- with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7454 of 2021
Pinki Kumari @ Pinki Devi … Petitioner Versus The State of Jharkhand … Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Prashant Kr. Rai, Advocate For the State : Mr. V.K. Vashistha, Addl. P.P. ------
Order No.02 Dated- 05.10.2021
Heard the parties.
Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks.
In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
Apprehending her arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Dumri P.S. Case No.79 of 2018 registered under sections 409/418/ 419/420/467/468/471/120B of the Indian Penal Code.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that petitioner in criminal conspiracy with the co-accused persons got a certificate in her favour though she was not entitled for the same and on the basis of the same the petitioner got a scholarship. It is next submitted that the said certificate was issued by the co-accused-Dhaneshwar Vidyarthi who is the Principal of Jharkhand College, Dumri and Triveni Mahto who was the head clerk of the said college in favour of one Gokul Das son of Dukhi Das who is a regular student of the college and the petitioner and Narayan Mandal by committing fraud in collusion with the Officials of the Welfare Department have got the scholarship issued in the name of petitioner. It is further submitted that the allegations against the petitioner are all false and the petitioner has wrongly been implicated in this case
without any proper enquiry and the petitioner was totally unaware of the fact that her name was used in defalcation of the money. It is then submitted that the main culprit is Narayan Mandal who has used the name of the petitioner and the petitioner has already deposited Rs.6,700/- in the bank account of the District Welfare Officer, Giridih. It is then submitted that the petitioner is ready and willing to deposit Rs.50,000/- with Deputy Commissioner, Giridih without prejudice to her defence in this case, subject to final decision of the case and undertakes to cooperate with the investigation of the case. It is lastly submitted that the co-accused person has already been given the privilege of anticipatory bail by this Court vide order dated 10.04.2019 in A.B.A. No.7455 of 2018. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.
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 her arrest or surrender within a period of four months from the date of this order, she shall be released on bail on showing the proof of deposit of Rs.50,000/- with Deputy Commissioner, Giridih without prejudice to her defence in this case, subject to final decision of the case 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 J.M. 1st Class, Giridih, in connection with Dumri P.S. Case No.79 of 2018 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish her mobile number and a copy of her Aadhar Card in the court below with the undertaking that she will not change her mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.
At the time of conclusion of the trial, the trial court will pass appropriate order regarding the money if any, deposited by the petitioner with the Deputy Commissioner, Giridih in connection with this case.
(Anil Kumar Choudhary, J . )
Sonu/Gunjan-
2 issues framed by the court
Whether the petitioner is entitled to grant of anticipatory bail.
Whether the allegations of cheating, forgery, and corruption warrant anticipatory bail under Section 438 CrPC.
1 provisions across 1 enactments
Pinki Kumari
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
