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

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

What the court decided

AI extract

Outcome

Privilege of anticipatory bail extended to both petitioners: surrender within four weeks, and on arrest or surrender, enlargement on bail on a bail bond of Rs. 25,000/- each with two sureties of the like amount each before the learned Judicial Magistrate, 1st Class, Gumla, in connection with Kamdara P.S. Case No. 51 of 2022, with mobile-number/Aadhar-card undertaking and subject to Section 438(2) CrPC conditions.

Issue for consideration

Whether the petitioners, apprehending arrest in Kamdara P.S. Case No. 51 of 2022 instituted under Sections 409, 420, 34 of the I.P.C., should be extended the privilege of anticipatory bail.

Court's answer

Taking into account the facts and circumstances, the nature of the allegation, the materials on record, and the petitioners' co-operation in investigation, the Court extended the privilege of anticipatory bail to the petitioners.

Ratio / Principle

The petitioners are directed to surrender within four weeks; on arrest or surrender they are to be enlarged on bail on furnishing a bail bond of Rs. 25,000/- each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Gumla, in connection with Kamdara P.S. Case No. 51 of 2022.

Key takeaways

The bail is conditioned on the petitioners furnishing their mobile numbers and photocopies of their Aadhar Cards with an undertaking not to change their mobile numbers during the pendency of the case, and is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.ratio¶¶16

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — High Court of Jharkhand at Ranchi (Pradeep Kumar Srivastava, J.), Order No. 03 dated 5 March 2024 in A.B.A. Nos. 636 & 781 of 2023 (Reeta Topno and Vijay Kumar Singh v. The State of Jharkhand): the petitioners, alleged to be the then Mukhiya and the then Secretary of the Panchayat who embezzled money with regard to four schemes per the F.I.R. in Kamdara P.S. Case No. 51 of 2022 instituted under Sections 409, 420, 34 of the I.P.C., and who are co-operating in investigation and have complied with the notice issued under Section 41A of the Cr.P.C., are directed to surrender within four weeks and, in the event of arrest or surrender, to be enlarged on bail on furnishing a bail bond of Rs. 25,000/- (Twenty Five thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gumla, on condition that they furnish their mobile numbers and photocopies of their Aadhar Cards with an undertaking not to change their mobile numbers during the pendency of the case, and subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 636 of 2023

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

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

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

-------- 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] ---------

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

Heard learned counsel for the parties.

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.

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.

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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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.

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

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.

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.

(Pradeep Kumar Srivastava, J.)

Sunil/