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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: upon arrest or surrender within two weeks of receipt of the order, release on bail on furnishing a bail bond of Rs.25,000/- with two sureties of like amount each, conditional on refund of Rs.1,06,266/- to the informant by demand draft (bail bonds to be accepted only when the draft is handed over), compliance with S. 438(2) Cr.P.C., and co-operation in investigation including appearance on notice under S. 41-A Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest in Pakur (Town) P.S. Case No.127 of 2023 under Sections 406/420/34 IPC for alleged misappropriation of instalments collected from loanees, is entitled to anticipatory bail.

Court's answer

The anticipatory bail application is allowed.

Ratio / Principle

In the event of arrest or surrender within a period of two weeks from receipt of the order, the petitioner is to be released on bail on furnishing a bail bond of Rs.25,000 with two sureties of the like amount each.

Key takeaways

Bail is conditional on refund of Rs.1,06,266/- by demand draft drawn in the name of the informant, and the learned Trial Court will accept the bail bonds only when the said demand draft is handed over.ratio¶10
The petitioner is to co-operate in the investigation and appear on notice under Section 41-A Cr.P.C. as and when his presence is required.ratio¶12

Detailed headnote1 paragraphs

Anticipatory bail allowed — Jharkhand High Court (Gautam Kumar Choudhary, J.), A.B.A. No. 4044 of 2024, decided 12.08.2024. Petitioner, a field officer of a financial company alleged to have collected Rs.1,06,266/- from loanees and not deposited it with the Branch Manager (Pakur (Town) P.S. Case No.127 of 2023, Ss. 406/420/34 IPC), admitted to anticipatory bail upon arrest or surrender within two weeks on a Rs.25,000 bail bond with two like sureties, subject to refund of the full Rs.1,06,266/- to the informant by demand draft, the trial court to accept the bail bonds only when the draft is handed over, together with the conditions of S. 438(2) Cr.P.C. and co-operation in investigation, including appearance on notice under S. 41-A Cr.P.C.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 4044 of 2024

Ritik Kumar Gupta .... .. ... Petitioner(s) Versus The State of Jharkhand. .. ... ...Opp. Party(s) ........... CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

......... For the Petitioner : Mr. Yasir Arafat, Advocate For the State : Mr. Someshwar Roy, APP

05/ 12.08.2024 . It is submitted that typographical error has occurred in Para-5 of the aforesaid anticipatory bail application wherein the fact of a different case has been set out in place of fact of present case. In order to amend the said error, supplementary affidavit dated 01.08.2024 has been filed.

Accordingly, the error occurred is hereby ignored for the present. Apprehending his arrest, petitioner above-named has moved this Court for grant of anticipatory bail in connection with Pakur (Town) P.S. Case No.127 of 2023 registered under Sections 406/ 420/ 34 of the Indian Penal Code.

Heard the parties.

As per the case of prosecution, petitioner was a field officer and was in the job of collecting the instalments from the persons in whose favour money was advanced. It is alleged that after collecting Rs.1,06,266/- from the loanees, the same was not deposited with the Branch Manager of the said Financial Company. Following the misappropriation of the amount, case was lodged against the petitioner and other employees of the Bank.

It is submitted by learned counsel for the petitioner that without prejudice to his defence, he is ready and willing to refund the said amount. .

Learned APP for the State has vehemently opposed the prayer.

Considering the submissions of learned counsel and the fact as discussed above, the anticipatory bail application is allowed. Hence, in the event of his arrest or surrender within a period of two weeks from the date of receipt of a copy of this order before the learned court below, the petitioner named above 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 Court below, subject to the condition that he will refund the said amount of Rs.1,06,266/- by way of a demand draft drawn in the name of informant of the case and the learned Trial Court will

accept the bail bonds only when the said demand draft is handed-over and subject to the conditions laid down under Section 438(2) Cr. P.C.

The petitioner will co-operate in the investigation and will appear on notice under Section 41 A of Cr.P.C. as and when his presence is required.

Sandeep/ ( Gautam Kumar Choudhary, J. )