Allowed

Mamta Devi v. the State of Jharkhand

Jharkhand HC9 May 2024A.B.A./389/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by petitioner apprehending arrest in Kandi P.S. Case No.68/2023 under Sections 409, 420 and 421/34 IPC. Court noted she was only the Self Help Group President with general and omnibus allegations and co-accused had been granted anticipatory bail, and granted bail upon surrender.

What did the court decide?

Direction to surrender within three weeks; release on bail on furnishing bond of Rs.25,000/- with two like sureties to the satisfaction of JMFC, Garhwa, subject to Section 438(2) CrPC conditions.

Mamta Devi Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 389 of 2024

Mamta Devi

… Petitioner

-Versus-

The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Md. Sajid Yunus, Advocate For the State : Mr. Prabhu Dayal Agarwal, Spl.P.P.

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06/09.05.2024 Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is apprehending her arrest in connection with Kandi P.S. Case No.68/2023, registered for the offence under Sections 409, 420 and 421/34 of the Indian Penal Code, pending in the Court of learned Judicial Magistrate, 1^st Class, Garhwa.

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Learned counsel for the petitioner submits that the petitioner is not having any criminal antecedent and that has been disclosed in paragraph 7 of this application. He submits that the petitioner is neither involved in the alleged occurrence directly or indirectly. He submits that the petitioner is the President of Mamta Self Help Group and on that score only, she has been made accused without verifying her involvement in the alleged occurrence. He further submits that co-accused persons have been provided privilege of anticipatory bail by this Court in A.B.A. No.401 of 2024.

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Learned counsel for the State opposed the prayer on the ground that the P.D.S. Dealer has not misappropriated.

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Considering that the petitioner is a lady and there are general and omnibus allegations and the main role is of the P.D.S. Dealer and she is only

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-1- A.B.A. No. 389 of 2024

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President of Mamta Self Help Group and other co-accused persons have been provided privilege of anticipatory bail in A.B.A. No.401 of 2024 and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner.

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Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of her surrender/arrest, she shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1^st Class, Garhwa in connection with Kandi P.S. Case No.68 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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Ajay/

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-2- A.B.A. No. 389 of 2024

Mamta Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mamta Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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