The High Court of Jharkhand hearing an application for anticipatory bail in a cheating case refused the prayer. The petitioner was directed to surrender to the magistrate and seek regular bail on merits.
Anticipatory bail rejected. Petitioner directed to surrender before the court below and pray for regular bail.
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. 1853 of 2023
Harendra Mahto …… Petitioner
Versus
The State of Jharkhand ……Opposite party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mrs. Divya, Advocate For the State : Mr. Shailendra Kumar Tiwari, Spl.P.P
Order No.07/ Dated:03.07.2023
Heard learned counsel for the parties.
Apprehending his arrest in connection with Cyber Crime P.S. Case No. 34 of 2019 instituted under Sections 419 and 420 of the Indian Penal Code and Section 66(C) and 66(D) of the I.T. Act, the petitioner has moved to this Court for grant of privilege of anticipatory bail.
As per F.I.R, allegation is that informant withdrew Rs. 20,000/- from the Kutchery Branch SBI ATM of Daltonganj, Palamau on 12.08.2019, when he returned to the place of posting, he found that Rs. 80,000/- and Rs. 40,000/had been withdrawn from his account on the same day.
Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is submitted that the name of the petitioner has been brought on record during the course of investigation. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record and direct allegation against the petitioner, I
am not inclined to grant privilege of anticipatory bail to the petitioner, which stands rejected.
Petitioner is directed to surrender before the court below and pray for regular bail, the learned court below shall consider the same on its own merits, without being prejudiced by this order.
(Pradeep Kumar Srivastava, J.)
R.K/
2 issues framed by the court
Whether anticipatory bail should be granted in connection with FIR under Sections 419 and 420 IPC and Sections 66(C) and 66(D) of the IT Act.
Whether the petitioner is entitled to relief to surrender and seek regular bail from the lower court.
Harendra Mahto
The State of Jharkhand
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
