Rajesh Kumar Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2025)

Rajesh Kumar Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Privileges of anticipatory bail granted to both petitioners: surrender within six weeks; on arrest/surrender, enlargement on depositing Rs.10,000/- each as cash security and bail bond of Rs.25,000/- each with two sureties of the like amount to learned J.M.-1st Class, Bokaro, subject to conduct and investigation-cooperation conditions and the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, apprehending their arrest in connection with Sector 4 P.S. Case No.73 of 2017 (G.R. No.834 of 2017) under Sections 406, 420, 120-B IPC, are entitled to the privileges of anticipatory bail.

Court's answer

The Court granted privileges of anticipatory bail to both petitioners, directing them to surrender in the Court below within six weeks and, in the event of arrest or surrender, to be enlarged on bail on depositing Rs.10,000/- each as cash security and on furnishing a bail bond of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Bokaro, in connection with Sector 4 P.S. Case No.73 of 2017 corresponding to G.R. No.834 of 2017.

Ratio / Principle

The enlargement on bail is conditional on the petitioners co-operating with the investigation, appearing before the investigating officer as and when noticed, furnishing their mobile number and photocopy of the Aadhar Card with an undertaking not to change the mobile number during the pendency of the case, not to annoy or disturb the informant during the pendency of the case, along with the further conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted - Jharkhand High Court (A.B.A. No.717 of 2025, Order No.02 dated 04-02-2025, Anil Kumar Choudhary, J): Two petitioners apprehending arrest in Sector 4 P.S. Case No.73 of 2017 corresponding to G.R. No.834 of 2017 under Sections 406, 420, 120-B IPC - alleged criminal conspiracy with co-accused to commit cheating and criminal breach of trust of Rs.8.01 lakhs invested by the informant with the non-banking financial company Alchemist Infra Reality Limited - were directed to surrender in the Court below within six weeks and to be enlarged on bail on depositing Rs.10,000/- each as cash security and furnishing a bail bond of Rs.25,000/- each with two sureties of the like amount each to learned J.M.-1st Class, Bokaro, conditioned on co-operation with the investigation, appearing before the investigating officer as noticed, furnishing mobile number and Aadhar Card photocopy with an undertaking not to change the mobile number, not to annoy or disturb the informant during the pendency of the case, and the further conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.717 of 2025

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Rajesh Kumar, aged about 47 years, son of Awadhesh Bakta, resident of Qr. No.1002, Sector- 12/E, Bokaro Steel City, P.O. & P.S.Sector-12, District- Bokaro, Jharkhand.

Shankar Prasad Choudhary (S.P. Choudhary), aged about 59 years, son of Ugra Mohan Choudhary, resident of Qr. No.1028, Sector-8/D, Street-45, Bokaro Steel City, P.O. & P.S.- Harla, DistrictBokaro, Jharkhand. .... .... …. Petitioners

Versus

The State of Jharkhand .... .... .... Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

For the Petitioners : Mr. Mukesh Kumar, Advocate For the State : Mr. Satish Kr. Keshri, Addl.P.P

Order No.02 Dated- 04-02-2025

Heard the parties.

Apprehending their arrest in connection with Sector 4 P.S. Case No.73 of 2017 corresponding to G.R. No.834 of 2017 instituted under Sections 406, 420, 120-B of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners, in criminal conspiracy with the co-accused persons, committed cheating and criminal breach of trust of Rs.8.01 lakhs invested by the informant with a non-banking financial company namely Alchemist Infra Reality Limited. It is submitted that the allegation against the petitioners is false. It is further submitted that the petitioners themselves are the investors of the said non-banking financial company namely Alchemist Infra Reality Limited. It is next submitted that the petitioners are not the directors of the company concerned nor they hold any responsible position in the said company. It is then submitted that the petitioners undertake that they will not annoy or disturb the informant in any manner during the pendency of the case. It is lastly submitted that the

petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

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

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and 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 J.M.-1^st Class, Bokaro in connection with Sector 4 P.S. Case No.73 of 2017 corresponding to G.R. No.834 of 2017 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and they will not annoy or disturb the informant in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Choudhary, J . )

Animesh/