SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Jhk) 137

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Anil Kumar Choudhary, J.
Ashok Kumar Swarnkar and ors. - Petitioners
Versus
The State of Jharkhand - Opposite Party
A.B.A. No.3516 of 2024
Decided On : 07-03-2025


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Jitendra Tripathi, Advocate, Mr. Arun Kumar, Advocate
For the Opposite Party : Mrs. Priya Shrestha, Spl.P.P.
For the Informant :Mr. Raunak Sahay, Advocate

The court allows anticipatory bail, emphasizing the importance of evidence from bank officials and the petitioners' willingness to cooperate in the investigation against the backdrop of alleged fraudulent charges.

Headnote:(A) Indian Penal Code - Sections 406, 419, 420, 467, 468, and 120B - Anticipatory bail - Petitioners accused of criminal conspiracy involving misrepresentation of gold jewelry - Allegations deemed false based on evidence from banking officials - Court grants anticipatory bail with conditions of cooperation with investigation and bail bond requirement. (Paras 2-5)

(B) Anticipatory bail - Court emphasizes factors for granting anticipatory bail, including cooperation with investigation and ensuring presence in court. (Paras 3-5)

Facts of the case:
Petitioners sought anticipatory bail to avoid arrest in connection with allegations of fraud for pledging gold-plated jewelry as genuine. The petitioners claim the allegations are false and that the bank is complicit. FIR was filed after a significant delay without notice to the petitioners. (Para 2)

Findings of Court:
The court is inclined to grant anticipatory bail due to the nature of allegations, the involvement of bank officials in the verification process, and the need to ensure cooperation during the investigation. (Para 5)

Issues: The primary issues involved assessing the validity of fraud allegations and determining the appropriateness of granting anticipatory bail. (Para 3)

Ratio Decidendi: The court highlighted that for anticipatory bail, consideration is given to the seriousness of accusations, the petitioners' willingness to cooperate, and the timing of the FIR. (Para 5)

Result: Anticipatory bail granted.

Table of Content
1. petitioners' apprehension of arrest. (Para 2)
2. petitioners' arguments for bail. (Para 3)
3. state's opposition to bail. (Para 4)
4. court grants anticipatory bail. (Para 5)

ORDER :

ANIL KUMAR CHOUDHARY, J.

1.Heard the parties.

2. Apprehending their arrest in connection with Sadar (M) P.S. Case No.455 of 2023 instituted for the offences punishable under Sections 406 , 419, 420, 467, 468 and 120B of the INDIAN PENAL CODE , the petitioners have moved this Court for grant of privileges of anticipatory bail.

3. 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 have pledged gold plated jwellery as pure gold jwelleries and has taken loan from the informant bank. It is next submitted that the allegation against the petitioners is false. It is submitted that admittedly, the two of the valuers of the bank, for the gold jwellery, after verification have done the valuation and they are not the petitioners in this anticipatory bail application; nor they have even been made accused in this case. It is next submitted that the petitioners are innocent, the informant bank himself is engaged in fraud and has misappropriated the gold jwelleries pledged by the petitioners. It is next submitted that after due process of verification of gold jwelleries, the bank officers have issued mortgage certificate by finding purity and genuineness of the gold jwelleries pledged by the petitioners. It is next submitted that the gold jwelleries were pledged in the year 2017 and after an inordinate delay, the FIR was lodged on 16.10.2023 without giving any prior notice to the petitioners. It is next submitted that it is not disclosed as to who verified the gold jwelleries pledged by the petitioners to be gold plated jwellery. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

4. Learned Spl. P.P appearing for the State assisted by the learned counsel for the informant opposes the prayer for anticipatory bail of the petitioners.

5. 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 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., Ranchi in connection with Sadar (M) P.S. Case No.455 of 2023 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 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 further conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top