Agniwesh Kumar Alias Agniwesh Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

Agniwesh Kumar Alias Agniwesh Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail allowed: petitioner to surrender before the court below (learned Chief Judicial Magistrate, Jamtara) within four weeks and be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest in Jamtara P.S. Case No. 77 of 2023 for offences under Sections 406, 420, 467, 468, 471 and 120(B) IPC, should be enlarged on anticipatory bail.

Ratio / Principle

Having regard to the facts of the case, the nature of allegation made in the F.I.R., and that the co-accused with similar allegations had been granted bail in A.B.A. No. 8771 of 2023, the petitioner is enlarged on anticipatory bail.

Key takeaways

The petitioner is directed to surrender before the court below within a period of four weeks.ratio¶14
On surrender, the learned court below shall release the petitioner on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand Only) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Jamtara.ratio¶14
The release on anticipatory bail is subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

A.B.A. No. 10271 of 2023 — Agniwesh Kumar @ Agniwesh v. The State of Jharkhand (High Court of Jharkhand at Ranchi; Deepak Roshan, J.; dated 19th January, 2024): ANTICIPATORY BAIL GRANTED. Petitioner apprehending arrest in Jamtara P.S. Case No. 77 of 2023 registered under Sections 406, 420, 467, 468, 471, 120(B) IPC. Learned A.P.P. opposed the prayer; counsel argued false implication on mere suspicion and cited the earlier grant of anticipatory bail to a similarly situated co-accused in A.B.A. No. 8771 of 2023. Having regard to the facts, the nature of allegation in the F.I.R., and the co-accused parity, the petitioner was enlarged on anticipatory bail: surrender before the court below within four weeks; release on bail bond of Rs. 10,000/- (Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamtara; subject to the conditions laid down under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 10271 of 2023

Agniwesh Kumar @ Agniwesh ..… Petitioner(s) Versus

The State of Jharkhand ..... Opposite Party(s)

CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

For the Petitioner(s) : Mr. Rohan Mazumdar, Advocate For the Opposite Party(s) : Ms. Shweta Singh., APP

2/Dated: 19^th January, 2024

Heard learned counsel for the parties.

2. Petitioner is apprehending his arrest in connection with Jamtara P.S. Case No. 77 of 2023 for the offence registered under Sections 406, 420, 467, 468, 471, 120(B) IPC.

3. Learned counsel for the petitioner submits that he has falsely been implicated in this case due to some confusion and he is having no criminal antecedent. He further submits that there is no allegation whatsoever, save and except, his name has surfaced in the F.I.R. on suspicion. He further submits that the similarly situated co-accused person has been granted anticipatory bail by this court in A.B.A. No. 8771 of 2023 and the petitioner will abide by any condition imposed in by this Court and fully cooperate with the police; he may be granted the privilege of anticipatory bail.

4. Learned A.P.P. opposed the prayer for anticipatory bail. 5. Having regard to the facts of the case and the nature of allegation made in the F.I.R. coupled with the fact that co-accused having similar allegation has been granted bail in A.B.A. No. 8771 of 2023, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the petitioner is directed to surrender before the court below within a period of four weeks from today and the learned court below on his surrender shall release him on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamtara, in connection with Jamtara, P.S. Case No. 77 of 2023, subject to the conditions as laid down under section 438(2) Cr.P.C.

(Deepak Roshan, J.)

Amardeep/