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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD
Sahid Khan @ Shahid Khan, son of late Md. Mustaque Khan – Appellant
Versus
Central Bureau of Investigation (C.B.I.) – Respondent
JUDGMENT :
(Sujit Narayan Prasad, J.)
1. The instant application has been filed under Sections 483 and 484 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection with R.C. Case No. 06(S)/2015-EOWR for the offence committed under Section 120 B read with sections 420, 467, 468 and 471 of the Indian Penal Code pending in the court of learned Special Judge-II, CBI (other than AHD Scam Cases), Ranchi.
2. It has been contended by Mr. R.S. Mazumdar, learned senior counsel for the petitioner that the petitioner is innocent and has falsely been implicated in this case.
3. It has been contended on behalf of the petitioner that it is a case of non-payment of loan amount in consequence thereof the loan account has become Non-Performing Asset (NPA). As such, there is no evidence of any fraud, since, after completion of all documentation the loan was sanctioned.
4. It has been contended that the co-accused persons, who are the partners and the guarantors have been directed to be released on bail by the order of a co-ordinate Bench of this Court. The co-accused, namely, Deepak Kumar Bagty has been granted privilege of anticipatory bail vide order dated 16.11.2017 passed in A.B.A N
The court emphasized that the duration of judicial custody and similarity to co-accused granted bail are significant factors in granting bail.
Cancellation of bail requires evidence of misuse or significant change in circumstances; personal liberty must not be revoked arbitrarily.
Anticipatory bail is granted based on the totality of circumstances, evaluating the nature of allegations and mens rea.
Anticipatory bail may be granted when the accused cooperates with the investigation and incarceration serves no fruitful purpose.
Anticipatory bail granted based on the applicant's lack of criminal history and willingness to cooperate with the investigation, emphasizing the need for judicious discretion in bail applications.
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