Allowed

Deepak Kumar v. Union of India through CBI

Jharkhand HC22 Jun 2023A.B.A./1646/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand entertained an anticipatory bail application filed by Deepak Kumar, apprehending arrest in a CBI investigation regarding misappropriation of funds. Relying on Supreme Court precedents regarding non-custodial interrogation, the Court allowed bail pending surrender within two weeks subject to surety and conditions.

What did the court decide?

Petitioner directed to surrender within two weeks; bail granted upon furnishing bond of Rs. 50,000 and two sureties subject to statutory conditions.

Deepak Kumar Vs Union of India through CBI — Cheating and Forgery | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 1646 of 2023

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------ Deepak Kumar .... .... …. Petitioner Versus Union of India through CBI .... .... .... Opp. Party

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioner : Mr. A.K. Kashyap, Sr. Advocate Mr. Ranjan Kumar Singh, Advocate For the C.B.I. : Mr. Anil Kumar, A.S.G.I. Ms. Chandana Kumari, A.C. to A.S.G.I. Mr. Nitish Parth Sarthi, A.C. to A.S.G.I.

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------

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Order No.09 Dated :22.06.2023

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The anticipatory bail application filed on behalf of petitioner, who is apprehending his arrest in connection with R.C. P.S. Case No. 64(S) of 2017 for the offence registered under Sections 120B, 409, 420 of the Indian Penal Code pending in the Court of learned S.D.J.M. cum Special J.M., C.B.I., Dhanbad, is pressed into motion.

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The case was initially registered as Godda (T) P.S. Case No.266 of 2014 on 17.07.2014 on a complaint case filed by one Md. Nisar Ansari against Ram Bilas Yadav, Director of Mirthway Networking Ltd. under Sections 420, 406, 409 of the I.P.C. The complainant/informant had invested Rs.80,000/- in the company which was allegedly misappropriated.

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The investigation of the case was taken over by the CBI under the direction of this Court and after investigation, charge sheet has been submitted against this petitioner who happens to be the son of main accused, with other accused persons.

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It is submitted by the learned counsel on behalf of the petitioner that the petitioner has been roped into the case for being son of the main accused. Maturity amount has already been returned by the company and he was inducted as Director on 15.05.2010 and had no concern with the company when the alleged offence did take place. He was not authorized signatory to any Bank account of the company. Rs.1,78,59,151/- was paid to the investors leaving balance of only Rs.7,99,992/-. The charge sheet has been filed and there is no further requirement of custodial interrogation of this petitioner in view of ratio laid down by Hon’ble Supreme Court in Satender Kumar Antil Vs CBI reported in (2022) 10 SCC 51 and Aman Preet Singh Vs CBI , 2021 SCC Online SC 941.

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Learned ASGI has opposed the prayer for bail. It is submitted that the matter involves embezzlement of the public money invested by the investors on false promise of high return.

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Considering the submissions made, the anticipatory bail application is allowed. Accordingly, the petitioner, above named, is directed to surrender before the learned Trial Court within a period of two weeks and in the event of his arrest or surrender, he shall be released on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties of the like amount each to the satisfaction of the Court below, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and one of the bailors should be income tax payee.

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The petitioner will co-operate in the investigation and will appear under Section 41A Cr.P.C. as and when required and comply with the condition as laid down under Section 438(2) of the Cr.P.C.

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Anit

Deepak Kumar v. Union of India through CBI

Case brief

What is this about?

What did the court decide?

Deepak Kumar v. Union of India through CBI

Case brief

What is this about?

What did the court decide?

What the court decided

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