Allowed

Reeta Topno v. the State of Jharkhand

Jharkhand HC5 Mar 2024A.B.A./636/2023

Case brief

AI extract

What is this about?

Two anticipatory bail applications by a Panchayat's former Mukhiya and Secretary accused of embezzling funds across four schemes. Noting cooperation in investigation and compliance with a Section 41A CrPC notice, the court enlarged them on bail on surrender with bonds of Rs.25,000 each.

What did the court decide?

Anticipatory bail: petitioners to surrender within four weeks and be enlarged on bail on Rs.25,000 bond each with two sureties, subject to S.438(2) CrPC conditions.

Reeta Topno 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. 636 of 2023

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Reeta Topno ….. Petitioner Versus The State of Jharkhand ….. Opp. Party WITH A.B.A. No. 781 of 2023

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Vijay Kumar Singh ….. Petitioner Versus The State of Jharkhand ….. Opp. Party

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---------

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-------- For the Petitioners : Mr. Mohit Prakash, Advocate. Mrs. Vani Kumari, Advocate. [In both cases]. For the State : Mr. Vijay Kumar Sinha, A.P.P. [In A.B.A. No. 636/2023] Mr. Tapas Roy, A.P.P. [In A.B.A. No. 781/2023] ---------

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Order No. 03/Dated: 5^th March, 2024

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Heard learned counsel for the parties.

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Apprehending their arrest in connection with Kamdara P.S. Case No. 51 of 2022 instituted under Sections 409, 420, 34 of the I.P.C., the petitioners have moved to this Court for grant of privilege of anticipatory bail.

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As per F.I.R. allegation is that petitioners, who are the then Mukhiya and the then Secretary of the Panchayat have embezzled the money with regard to four schemes.

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Learned counsel for the petitioner has submitted that the petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case. It is submitted that petitioner no. 1 is the then Mukhiya and petitioner no. 2 is the then Secretary of the Panchayat. It is further submitted that all the schemes which have been allocated to them have been completed. It is further submitted that petitioners are co-operating in investigation and have also complied with the notice issued under Section 41A of the Cr.P.C., as such, there is no requirement of any custodial interrogation of the petitioners. It is further submitted that petitioners will abide by all

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-2-

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terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, it is submitted that the petitioners may be extended the privilege of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record and also the fact that petitioners are co-operating in investigation, I am inclined to extend privilege of anticipatory bail to the petitioner.

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Accordingly, the petitioners are directed to surrender in the Court within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Gumla in connection with Kamdara P.S. Case No. 51 of 2022 with the condition that they will furnish their mobile numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Pradeep Kumar Srivastava, J.)

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Sunil/

Reeta Topno v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Reeta Topno v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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