The High Court of Jharkhand, Ranchi, considered an application for anticipatory bail amidst allegations of examination fraud. The court granted bail pending surrender and investigation, subject to specific conditions.
Anticipatory bail granted pending surrender; conditional bail bond of Rs.20,000 with two sureties directed to be furnished.
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.772 of 2023
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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-----For the Petitioner : Mr. Gaurav Kumar, Advocate For the State : Mr. Saket Kumar, Addl.P.P
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Order No.04 Dated- 02.03.2023
Heard learned counsel for the parties.
Apprehending his arrest in connection with Sindri P.S. Case No. 72 of 2022 instituted under Sections 420, 467, 468 and 471 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.
As per FIR, allegation is that petitioner was student of history honors and in his name, Admit Card was issued in his favour for examination. It is further alleged that petitioner in connivance with other co-accused persons personified one Md. Sadaf in the examination hall in place of petitioner started writing for the examination.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case on the basis of suspicion. It is further submitted that petitioner could not appear in the examination and he had no knowledge about the misuse of his Admit Card which was lost. Petitioner is a student having no criminal antecedent. Petitioner undertakes to co-operate with the investigation of the case. 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 against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Dhanbad in connection with Sindri P.S. Case No. 72 of 2022 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Pradeep Kumar Srivastava, J.)
Pappu/
2 issues framed by the court
Whether the petitioner is entitled to exhange of anticipatory bail in connection with the pending FIR regarding examination fraud.
What conditions should be imposed on the petitioner while granting anticipatory bail.
1 provisions across 1 enactments
The Petitioner
The State
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
