Vijay Prasad Mallah Alias Vijay Prasad Malla Vs Union of India through C.B.I

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A. B. A. No. 2113 of 2024

1. VIJAY PRASAD MALLAH @ VIJAY PRASAD MALLA , (Managing Director, Welfare Building and Estate Pvt. Ltd.), aged about 58 years, S/o Late Joseph Naidu Mallah, R/o 53-32- 5/23, KRM Colony, Behind Eenadu, Seeltaudra, P.O. & P.S. Seethammadhara, Distt. Vishakhapatnam, Andra Pradesh.

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2. VARAHA RAMKRISHNA SATYA SRINIVASA RAO , (Director, Welfare Building and Estate Pvt. Ltd.), aged about 57 years, S/o Late Alla Satya Narayan Rao, R/o Flat No. 302, 51-8-42/29, Bharat Apartment, P.O. & P.S. Distt. Vishakhapatnam, Andra Pradesh. Seethammadhara, District-Vishakhapatnam, Andra Pradesh

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3. VINJAMURI SANDHYA VALLI , (Director, Welfare Building and Estate Pvt. Ltd.), aged about 55 years, S/o Veera Bhadraiah Sankula, R/o Flat No. 503 & 504, 10.27.55, Sri Satya Enclave, Kailashmetta, Waltair Uplands, Vishakhapatnam, Urban, P.O. & P.S. Seeltandhara, Distt. Vishakhapatnam, Andra Pradesh.

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...... … Petitioners Versus Union of India through C.B.I. .…. … Opposite Party -------- CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners :Mr. L.C.N. Shahdeo, Advocate Mr. Yash Raj Gupta For the C.B.I. :Mr. Anil Kumar, A.S.G.I. Mr. Nitish Parth Sarthi, A.C. to A.S.G.I.

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------ 04/ 02.08.2024 : Heard learned counsel for the petitioners and learned counsel for the C.B.I.

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The petitioners are apprehending their arrest in connection with R.C. Case No. 53(S)/2017/EOW/Ranchi registered under Sections 420/120-B/34 of the I.P.C., Sections 3, 4, 5 and 6 of the Prize Chits and Money Circulation Scheme (Banning) Act, pending in the Court of learned S.D.J.M-cum-Special Judicial Magistrate (C.B.I) at Dhanbad.

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Learned counsel for the petitioners submits that the petitioners are not involved in non-banking financial works, rather the informant or other officials who have participated in the enquiry have not annexed any document which proves the genuineness of the alleged offence and neither the informant nor other officials have seized any document. He further submits that the petitioners were given cleanchit by the SBI and SEBI. He submits that the petitioners’ company is engaged in business of Real Estate. He further submits that C.B.I. has submitted chargesheet and petitioner has cooperated in the investigation which has come in the chargesheet. He then submits that there is no chance of tampering with any evidence during pendency of the trial. He then submits that the petitioners are Director and Managing Directors of the company respectively. He submits that in

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the light of “ Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in (2022) 10 SCC 51 and in the case of “Siddharth Vs. State of Uttar Pradesh and Anr. 2021 SCC Online SC 615 the privilege of anticipatory bail may kindly be provided to the petitioner.

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Learned A.S.G.I appearing on behalf of C.B.I. opposes the prayer on the ground that money has been collected from the investors which was misutlized and the investors have supported the case.

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Considering that the petitioners have cooperated in the investigation, chargesheet has been submitted, the petitioners will not tamper with any of the evidence during pendency of trial and in the light of judgments of the Hon’ble Supreme Court in the case of Satender Kumar Antil(supra) and Siddharth (supra) , I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners above named are directed to surrender before the learned court within three weeks from today and in the event of their surrender / arrest, the petitioners shall be released on bail, on furnishing bail bonds of Rs. 25,000/(twenty five thousand)each with two sureties of the like amount each, to the satisfaction of learned S.D.J.M-cum-Special Judicial Magistrate (C.B.I) at Dhanbad, in connection with R.C. Case No. 53(S)/2017/EOW/Ranchi, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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( Sanjay Kumar Dwivedi, J.)

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satyarthi-

Vijay Prasad Mallah Alias Vijay Prasad Malla v. Union of India through C.B.I

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Vijay Prasad Mallah Alias Vijay Prasad Malla v. Union of India through C.B.I

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