Manoj Saw Alias Nepali Saw Alias Manoj Kumar Saw Vs… — Cheating and Forgery | Jharkhand HC (2024)

Manoj Saw Alias Nepali Saw Alias Manoj Kumar Saw Vs… — Cheating and Forgery | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender before the learned court below within four weeks and, on surrender, be released on bail on a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to section 438(2) CrPC conditions.

Issue for consideration

Whether anticipatory bail may be extended to the petitioner, who apprehends arrest in connection with Keredari PS Case No.76 of 2021 (IPC Sections 420, 406, 376, 504, 506) pending before the Judicial Magistrate, 1st Class, Hazaribagh.

Court's answer

After perusing the FIR and witness statements available in the case diary, the Court found that the submission of the petitioner's counsel (that the FIR is a retaliatory and improbable account) stood corroborated by statements of witnesses recorded during investigation by the I.O. (paras 8 to 83 of the case diary).

Ratio / Principle

On the aforesaid facts and circumstances, the Court decided to extend the privilege of anticipatory bail to the petitioner.

Key takeaways

Terms of the grant: the petitioner is directed to surrender before the learned court below within four weeks from receipt of a copy of the order; on surrender, the court below shall release him on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Hazaribagh, in connection with Keredari PS Case No.76 of 2021, subject to the conditions laid down under section 438(2) CrPC.ratio¶14
Caveat attached to the order: any observation made by the Court shall not be construed as comment on the merit of the case.obiter¶16

Detailed headnote1 paragraphs

Anticipatory bail — A.B.A. No. 1940 of 2024, High Court of Jharkhand at Ranchi (Arun Kumar Rai, J.), decided 16th October 2024: anticipatory bail granted to Manoj Saw @ Nepali Saw @ Manoj Kumar Saw, apprehending arrest in Keredari PS Case No.76 of 2021 (IPC Sections 420, 406, 376, 504, 506) pending before the Judicial Magistrate, 1st Class, Hazaribagh. Counsel contended the FIR was lodged out of retaliation because the petitioner's own FIR (Keredari PS Case No.67 of 2021) had led to the victim's husband being jailed, and that the alleged occurrence a year old was improbable; the Court found this corroborated by witness statements in the case diary (paras 8–83). Petitioner to surrender within four weeks; release on bail bonds of Rs. 10,000/- with two like sureties, subject to section 438(2) CrPC conditions; observations not to be treated as comment on merits.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1940 of 2024

Manoj Saw @ Nepali Saw @ Manoj Kumar Saw, son of Rupan Saw, age 34 years, R/o Village-Pahra, PO+PS-Keredari, Dist-Hazaribagh ..… Petitioner

Versus

The State of Jharkhand ..... Opposite Party

CORAM: HON’BLE MR. JUSTICE ARUN KUMAR RAI

For the Petitioner : Mrs. Lina Shakti, Advocate For the State : Mr. Sardhu Mahto, APP ---------

06/ 16^th October, 2024

Petitioner is apprehending his arrest in connection with Keredari PS Case No.76 of 2021 for the offences registered under Sections 420, 406, 376, 504 and 506 of the Indian Penal Code, pending in the court of learned Judicial Magistrate, 1^st Class, Hazaribagh.

Learned counsel for the petitioner started his argument by making submission that this petitioner has lodged a case against husband of the victim being Keredari PS Case No.67 of 2021 and he was sent behind the bar and on account of that, this victim lodged a false case by making allegation of occurrence which took place a year back. She further pointed out content of FIR and tried to convey this Court that the story propounded by victim appears to be improbable one.

The learned APP opposed the prayer of anticipatory bail of the petitioner on the premise that specific allegation has been made against this petitioner.

Heard the parties and perused the records.

This Court perused the content of FIR as well as statement of witnesses available in case diary. The submission made by the learned counsel for the petitioner found corroboration from the mouth of witnesses whose statement has been recorded during the course of the investigation by the I.O. (vide para 8 to 83 of the case diary).

Considering the aforesaid facts and circumstances, this Court is inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, petitioner, above named, is directed to surrender before the learned Court below within four weeks from the date of receipt of a copy of this order and the learned court below on his surrender, shall release him on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1^st Class, Hazaribagh in

connection with Keredari PS Case No.76 of 2021, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

Any observation made by this Court shall not be construed as comment on the

merit of this case.

(Arun Kumar Rai, J.)

R.K./