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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mr. Justice Anil Kumar Choudhary, J
Rupesh Kumar, Son Of Sadanand Roy – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. Apprehending their arrest in connection with Godda (T) P.S. Case No.117 of 2021 instituted under Sections 406 , 420 & 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 each other, have committed cheating and criminal breach of trust. It is submitted that the allegation against the petitioners is false. It is next submitted that though the petitioners on 13.09.2024 submitted that they are ready and willing to return the amount of Rs.1,50,000/- to the informant but in fact the petitioner No.1 has taken Rs.1,50,000/- in his bank account but the petitioner No.2, who is the old father of the petitioner No.1, has not taken any money. 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 at least the petitioner No.2 namely Sadanand Roy be given the privileges of anticipatory bail.
4. Learn
Anticipatory bail denied to petitioner No.1 due to serious allegations; granted to petitioner No.2 based on lack of involvement and age considerations.
Court grants anticipatory bail to petitioners in a case alleging serious offences, emphasizing compliance with conditions and the non-interference with the informant.
Anticipatory bail can be granted based on the nature of allegations, non-serious injuries, and promises to cooperate with the investigation, particularly where co-accused were similarly given bail.
The court may grant anticipatory bail when false allegations are claimed, provided petitioners assure cooperation in investigations and undertake to not disturb the informant.
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 can be granted when allegations are deemed false and the accused demonstrate willingness to cooperate with the investigation.
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