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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner directed to surrender within three weeks; upon surrender/arrest, to be released on bail on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of the learned S.D.J.M., Palamau at Daltonganj, in connection with Chainpur P.S. Case No. 155 of 2021, corresponding to G.R. Case No. 484 of 2022, subject to Section 438(2) CrPC conditions and a direction not to change the mobile number indicated in his Aadhar.

Issue for consideration

Whether anticipatory bail should be granted to petitioner Rajeev Kumar, who is apprehending arrest in connection with Chainpur P.S. Case No. 155 of 2021 / G.R. Case No. 484 of 2022 (registered under Sections 406, 419, 420/34 of I.P.C.), pending in the Court of the learned S.D.J.M., Palamau at Daltonganj.

Court's answer

Anticipatory bail is granted to the petitioner on parity grounds: the court considered that the main accused, Md. Sajid Ansari, had already been granted anticipatory bail in A.B.A. No. 10053 of 2021.

Ratio / Principle

The petitioner is directed to surrender before the learned court within three weeks from the date of the order and, in the event of his surrender/arrest, shall be released on bail.

Key takeaways

The release on bail is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, and the petitioner is further directed not to change his mobile number which is indicated in his Aadhar.ratio¶¶14

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi — A. B. A. No. 313 of 2024, decided 06.03.2024 — Coram: Hon'ble Mr. Justice Sanjay Kumar Dwivedi — Rajeev Kumar v. The State of Jharkhand. Petitioner was apprehending arrest in Chainpur P.S. Case No. 155 of 2021, corresponding to G.R. Case No. 484 of 2022, registered under Sections 406, 419, 420/34 of I.P.C. (allegations of cheating innocent persons on the pretext of providing appointment), pending in the Court of the learned S.D.J.M., Palamau at Daltonganj. Counsel submitted that only allegation against the petitioner was transmission of Rs. 5 lac to his account, that the petitioner was himself a victim, and that main accused Md. Sajid Ansari had already been granted anticipatory bail in A. B. A. No. 10053 of 2021. Granting anticipatory bail principally on the consideration that the main accused had been granted anticipatory bail in A.B.A. No. 10053 of 2021, the court directed the petitioner to surrender within three weeks and, on surrender/arrest, released him on bail bonds of Rs. 25,000 with two sureties of the like amount each, to the satisfaction of the learned S.D.J.M., Palamau at Daltonganj, subject to conditions under Section 438(2) CrPC, with a further direction that the petitioner not change the mobile number indicated in his Aadhar.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A. B. A. No. 313 of 2024

Rajeev Kumar

Versus

The State of Jharkhand

...... … Petitioner .…. … Opposite Party

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. Ankit Apurwa, Advocate For the State : Mr. Fahad Allam, A.P.P.

04/ 06.03.2024 : Heard Mr. Ankit Apurwa, learned counsel for the petitioner and Mr. Fahad Allam, learned counsel for the State.

The petitioner is apprehending his arrest in connection with Chainpur P.S. Case No. 155 of 2021, corresponding to G.R. Case No. 484 of 2022, registered under Sections 406, 419, 420/34 of I.P.C, pending in the Court of learned S.D.J.M., Palamau at Daltonganj.

Learned counsel for the petitioner submits that allegations are made that Md. Sajid Ansari has taken amount from 204 persons on the pretext of providing appointment. He submits that so far petitioner is concerned only allegation is made that Rs. 5 lac was transmitted in the account of the petitioner. He submits that the petitioner is himself a victim. He submits that main accused Md. Sajid Ansari has been provided privilege of anticipatory bail in A.B.A. No. 10053 of 2021.

Learned counsel for the State opposes the prayer for anticipatory bail on the ground that allegations of cheating the innocent persons on the pretext of appointment is there.

Considering that main accused Md. Sajid Ansari has been provided privilege of anticipatory bail in A.B.A. No. 10053 of 2021, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the above named petitioner is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of the learned S.D.J.M., Palamau at Daltonganj, in connection with Chainpur P.S. Case No. 155 of 2021, corresponding to G.R. Case No. 484 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure and the petitioner will not change his mobile number which is indicated in his Aadhar.

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