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
| 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.
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 fraud....
Anticipatory bail denied to petitioner No.1 due to serious allegations; granted to petitioner No.2 based on lack of involvement and age considerations.
The seriousness of the allegations and the ongoing investigation can be grounds for denying anticipatory bail, especially when there are concerns about potential future offences and tampering with ev....
Cancellation of Anticipatory Bail – Order granting anticipatory bail can be set aside on merits or even in the case of breach of conditions.
Court grants anticipatory bail to petitioners in a case alleging serious offences, emphasizing compliance with conditions and the non-interference with the informant.
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