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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: the petitioner is to surrender before the learned court within three weeks, and on surrender/arrest is to be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Hazaribag, subject to conditions under Section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in connection with Korrah P.S. Case No. 18 of 2020 for alleged offences under Sections 406, 420, 467, 468, 471 of the Indian Penal Code.

Court's answer

Considering that the petitioner is said to be the owner of the land in question and that one of the co-accused has been provided the privilege of anticipatory bail in A.B.A. No. 8171 of 2023, and in view of the attending facts and circumstances of the case, the court is inclined to grant anticipatory bail to the petitioner.

Ratio / Principle

The petitioner was directed to surrender before the learned trial court within three weeks, and in the event of his surrender/arrest he was to be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Hazaribag, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory Bail — Application allowed. Petitioner apprehending arrest in Korrah P.S. Case No. 18 of 2020 for alleged offences under Sections 406, 420, 467, 468, 471 of the Indian Penal Code, pending before the learned Judicial Magistrate, 1st Class, Hazaribag. Bail granted considering that the petitioner is said to be the owner of the land in question (matter arising out of an agreement for sale of land) and that one co-accused had already been extended anticipatory bail in A.B.A. No. 8171 of 2023. Petitioner directed to surrender within three weeks; on surrender/arrest to be released on bail bonds of Rs. 25,000/- with two like sureties, subject to conditions under Section 438(2) of the Code of Criminal Procedure. Single-judge decision of Hon'ble Mr. Justice Sanjay Kumar Dwivedi, High Court of Jharkhand at Ranchi, dated 04.03.2024.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 39 of 2024

Rajesh Kumar Gupta ..... … Petitioner Versus 1. The State of Jharkhand. 2. Narendra Kumar ..... … Opposite Parties --------

CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI -----For the Petitioner : Mr. Pradeep Kumar, Advocate. For the State : Mr. Gautam Rakesh, A.P.P.

04/ 04.03.2024 Heard Mr. Pradeep Kumar, learned counsel appearing for the petitioner and Mr. Gautam Rakesh, learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Korrah P.S. Case No. 18 of 2020, for the alleged offences under Sections 406, 420, 467, 468, 471 of the Indian Penal Code, pending in the court of learned Judicial Magistrate, 1^st Class, Hazaribag.

Learned counsel appearing for the petitioner submits that the matter is arising out of an agreement for sale of the land. He submits that in para-3 of the agreement it has been disclosed that all the transactions took place with the middle man Vijay Kumar Gupta, but he has not been made accused in the present case. He further submits that the petitioner is the owner of the land and the other co-accused has already been provided the privilege of anticipatory bail in A.B.A. No. 8171 of 2023.

Learned A.P.P. appearing for the State has opposed the prayer on the ground that the allegations are there against the petitioner.

Considering that the petitioner is said to be the owner of the land in question and further one of the co-accused has been provided the privilege of anticipatory bail in A.B.A. No. 8171 of 2023 and in view of the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, he is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner, named above, 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 learned Judicial Magistrate, 1^st Class, Hazaribag, in connection with Korrah P.S. Case No. 18 of 2020, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar Dwivedi, J.)

Amitesh/-