Partly allowed

Santosh Kumar Gupta Alias Santoh Kumar Gupta v. Union of India through C B I

Jharkhand HC21 Jul 2023A.B.A./2953/2023

Case brief

AI extract

What is this about?

During bail proceedings, the High Court granted anticipatory bail to the petitioner, a Chartered Accountant, subject to court appearance, surrender within two weeks, bail bond tendering, and execution of standard conditions precedent, relying on Satender Kumar Antil.

What did the court decide?

Anticipatory bail granted subject to court appearance, surrender within two weeks, bail bond of Rs.20,000 with two sureties, and conditions under Section 438(2) Cr.P.C.

Santosh Kumar Gupta Alias Santoh Kumar Gupta Vs Union of… — Cheque Dishonour | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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A.B.A. No.2953 of 2023

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Santosh Kumar Gupta @ Santoh Kumar Gupta.... Petitioner -- Versus -- Union of India through C.B.I. .... Opposite Party

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. K.S.Nanda, Advocate Mr. Ayub Ansari, Advocate For the C.B.I. :- Mr. Anil Kumar, A.S.G.I. Ms. Chandana Kumari, Advocate ----

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2 /21.07.2023 This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with RC Case No.62(S)/ 2017 EOW/Ranchi, pending in the court of learned S.D.J.M.-cum-Special Judge, C.B.I., Dhanbad.

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Mr. Nanda, the learned counsel appearing on behalf of the petitioner submits that the petitioner was not holding any post in the company in question and the alleged occurrence are said to be of the year 2010-12. He submits that only allegation in the charge sheet is that the petitioner who is the Chartered Accountant has connived with the other accused persons for certifying the trust deed which was used for registration of the company. He submits that the charge sheet has already been submitted and the petitioner has appeared before the C.B.I and regularly cooperated in the investigation and the C.B.I. on the earlier occasion has not taken the petitioner in custody. In these back ground, he submits that the petitioner may kindly be provided the privilege of anticipatory bail.

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Mr. Anil Kumar, the learned A.S.G.I appearing on behalf of the C.B.I submits that the company in question was opened with the intention of cheating and the role of the petitioner as a Chartered

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Accountant is under cloud which has come in the investigation. He submits that the anticipatory bail application of the petitioner may kindly be rejected.

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In view of the above submission of the learned counsel appearing on behalf of the parties, the Court has perused the charge sheet at page 80 and finds that it has been recorded that the petitioner has certified certain document of the trust for registration of the company in the capacity of the Chartered Accountant. Apart from that there is no allegation against the petitioner and one of the co-accused has been granted privilege of anticipatory bail in A.B.A. No.3249 of 2022.

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In the attending facts and circumstances of the present case and as the charge sheet has already been submitted and the petitioner has joined the investigation throughout and as also recently the Hon’ble Supreme Court has held in the case of Satender Kumar Antil v. Central Bureau of Investigation and Another, (2022) 10

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SCC 51 that for filing of the charge sheet there is no need to arrest the accused if earlier he has not been arrested and he has cooperated and in view of that, in the event of his arrest/ surrender before the learned concerned court within two weeks and furnishing the bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M.-cum- Special Judge, C.B.I., Dhanbad in connection with RC Case No.62(S)/ 2017 EOW/Ranchi, the petitioner, above named, shall be provided the privilege of anticipatory bail, subject to condition as laid down under section 438(2) of the Cr.P.C.

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( Sanjay Kumar Dwivedi, J.)

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SI/,

Santosh Kumar Gupta Alias Santoh Kumar Gupta v. Union of India through C B I

Case brief

What is this about?

What did the court decide?

Santosh Kumar Gupta Alias Santoh Kumar Gupta v. Union of India through C B I

Case brief

What is this about?

What did the court decide?

What the court decided

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