High Court of Jharkhand granted anticipatory bail to a petitioner accused of cheating by using a forged pharmaceutical certificate. The petitioner was directed to surrender within six weeks, deposit cash security, and furnish a bond with sureties.
Grant of anticipatory bail directed to surrender within six weeks and deposit Rs.20,000 cash security.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4373 of 2023
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Tarun Kumar Paul .... .... …. Petitioner Versus 1. The State of Jharkhand .... .... 2. Sri Rajeev Ekka .... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioner : Mr. Rohan Mazumdar, Advocate For the State : Ms. Nehala Sharmin, Spl.P.P For the O.P. No.2 : Mr. Ravi Prakash, Advocate
Order No.05 Dated- 12/10/2023
Heard the parties.
Apprehending his arrest in connection with Dhanbad P.S. Case No.19 of 2023 instituted under Sections 420 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner has committed cheating by producing a forged pharmaceutical certificate and was running a pharmacy shop by using the same in an illegal manner on the basis of the said forged certificate. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards para-18 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is next submitted that the petitioner is neither the owner of the pharmacy nor was he a pharmacist but he was an employee of the pharmacy. It is also submitted that Priyanka Kumari is the pharmacist of the said shop in the name and style of Tushar Medical Shop. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Spl.P.P appearing for the State being assisted by the learned counsel for the opposite party No.2 oppose the prayer for anticipatory bail of the petitioner.
Considering the 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 below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.20,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Dhanbad in connection with Dhanbad P.S. Case No.19 of 2023 with the condition that he will co-operate 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 number during the pendency of the case and further conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J . )
Animesh/
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in a cheating case involving a forged certificate.
Whether the respondent should be directed to surrender within a specified time and furnish security.
1 provisions across 1 enactments
Tarun Kumar Paul
The State of Jharkhand
Sri Rajeev Ekka
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
