Jharkhand High Court
Parimal Singh @ Parimal Kumar vs The State Of Jharkhand .......... Opp. ... on 18 November, 2024
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.6756 of 2024
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1. Parimal Singh @ Parimal Kumar, S/o Balmiki Pd. Singh, R/o Near Vikash Bahawan, P.O.-Bhagatdih & P.S.-Jharia, District-Dhanbad
2. Bijay Mochi, S/o Sanatan Mochi, R/o Road No.7 Colony, East Basuria, P.O.-Bhuli & P.S.-Tetulmari, District-Dhanbad.
.......... Petitioners.
-Versus-
The State of Jharkhand .......... Opp. Party.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioners : Mr. Prashant Kr. Rahul, Advocate For the State : Mr. Someshwar Roy. A.P.P.
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Order No.03 Date: 18.11.2024
1. The petitioners are apprehending their arrest in connection with Katras P.S. Case No.322 of 2023 registered under Sections 341/323/385/420/419/379/504/506 of the Indian Penal Code, 1860.
2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the F.I.R. The petitioners have not named in the F.I.R., however, in course of investigation, they subsequently came to know about their implication in this case after receiving the notices issued to them under Section 41(A) of the Cr.P.C. It is further submitted that on perusal of the written report, it would be evident that the allegation is only against co-accused-Amar Kumar Singh. The petitioners have in fact unnecessarily been roped in the present case. The petitioner no.1 has stated that at the instance of the informant, he transferred an amount of Rs.20,000/- on 25th August, 2023, Rs.20,000/- on 26th August, 2023, Rs.20,000/- on 27th August, 2023 and Rs.25,000/- on 28th August, 2023 to the account of Bijay Mochi (petitioner no.2) from informant's mobile through YONO SBI app and thereafter taking cash from the petitioner no.2, the petitioner no.1 handed over all the cash amount to the informant. The petitioner no.1 has also sworn an affidavit on 8th January, 2024 (Annexure-2 to the present anticipatory bail application) in that regard. So far as the petitioner no.2 is concerned, he has stated that the petitioner no.1 transferred Rs.25,000/- in his account and he gave the said amount in cash to the petitioner no.2 who thereafter gave that amount to the informant. The petitioner no.2 has also sworn an affidavit on 8th January, 2024 (Annexure-3 to the present anticipatory bail application) to that effect. They, however, undertake to co-operate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail.
3. Learned A.P.P. opposes the petitioners' prayer for grant of anticipatory bail.
4. Having heard learned counsel for the parties and considering the materials available on record, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners, above named, in the event of their arrest or surrender before the court below within three weeks from today, shall be -2- A.B.A. No.6756 of 2024 released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Dhanbad in connection with Katras P.S. Case No.322 of 2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Rajesh Shankar, J.) Arpit/ -3- A.B.A. No.6756 of 2024