Allowed

Hitesh v. Shah v Union of India through Central Bureau of Investigation

Jharkhand HC16 Mar 2021A.B.A./785/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand, Ranchi, granted anticipatory bail to the petitioner in Case No. RC08(A)/2017-R instituted under the Prevention of Corruption Act and IPC. The grant was conditioned on surrender within four months, deposit of ₹2.5 lakhs with Bokaro Steel Plant, bail bond, and cooperation with the investigation.

What did the court decide?

Anticipatory bail granted subject to surrender within four months, deposit of Rs.25 lakhs with Bokaro Steel Plant, bail bond of Rs.2 lakhs with sureties, and cooperation with investigation.

Hitesh v Shah Vs Union of India through Central Bureau… — Anticipatory Bail | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.785 of 2021

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Indrajit Sinha, Advocate For the C.B.I. : Mrs. Nitu Sinha, Adv.

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Order No.02 Dated- 16.03.2021

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Heard the parties through video conferencing.

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Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

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In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

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Apprehending his arrest in connection with Case No. RC08(A)/2017-R instituted under Sections 7 and 12 of Prevention of Corruption Act, 1988 and Section 120B of Indian Penal Code, the petitioner has 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 petitioner is that the petitioner being proprietor of M/s Shiv Machine Tools gave bribe amount of Rs.94.39 lakhs to the co-accused Upendra Nath Mandal through the different accounts of various persons. It is submitted that the allegation against the petitioner is false. It is next submitted that the C.B.I. has not conducted the investigation properly and the petitioner is not a public servant and Upendra Nath Mandal was no in position to help the petitioner in any manner. It is further submitted that the chargesheet has already been submitted against the petitioner and the petitioner has co-operated during the investigation of the case hence, C.B.I. did not feel it necessary for his arrest during the investigation of the case. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and voluntarily undertakes to deposit Rs.25,00,000/- with Bokaro Steel

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Plant(SAIL) without prejudice to his defence in this case subject to final decision of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

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Learned counsel for the C.B.I. opposes the prayer for anticipatory bail of the petitioner.

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Considering the undertaking given by the petitioner, 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 Special Judge, C.B.I., Ranchi within four months from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on showing proof deposit of Rs.25,00,000/- with Bokaro Steel Plant(SAIL) without prejudice to his

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defence in this case and on furnishing bail bond of Rs.2,00,000/- (Rupees two lakhs) with two sureties of the like amount to the satisfaction of learned Special Judge, C.B.I., Ranchi in connection with Case No. RC08(A)/2017-R with the condition that he will cooperate 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 numbers 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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In case the petitioner deposits Rs.25,00,000/- with the Bokaro Steel Plant(SAIL), the learned court below will pass an appropriate order regarding disbursal of the same at the time of conclusion of trial.

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(Anil Kumar Choudhary, J . )

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Pappu/

Hitesh v. Shah v Union of India through Central Bureau of Investigation

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Hitesh v. Shah v Union of India through Central Bureau of Investigation

Case brief

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