Jharkhand High Court
Abhay Kumar @ Golu vs The State Of Jharkhand ... Opposite ... on 27 September, 2021
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 7198 of 2021
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Abhay Kumar @ Golu ... Petitioner
Versus
The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Amit Kr. Choubey, Advocate For the State : Mr. Shailendra Kr. Tiwari, Spl. P.P.
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Order No.02 Dated- 27.09.2021 Heard the parties through video conferencing. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Pratappur P.S. Case No.125 of 2020, registered under sections 420/406/34 of the Indian Penal Code and under Section 66(C) of the I.T. Act.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that he along with co-accused persons of the case are impersonating themselves as bank officers and after obtaining information about the details of A.T.M. cards of the account holders of bank, they were swindling away money from their bank accounts. It is also alleged that a total transaction of Rs.2,44,800/- has been made by the petitioner by committing cyber fraud. It is further submitted that the allegations against the petitioner are all false and the petitioner. It is then submitted that the petitioner is ready and willing to deposit Rs.2,44,800/- with the Deputy Commissioner, Chatra without prejudice to his defence in this case, subject to final decision of the case and undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Spl. P.P. opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four months from the date of this order, he shall be released on bail on showing the proof of depositing Rs.2,44,800/- with Deputy Commissioner, Chatra without prejudice to his defence in this case, subject to final decision of the case and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Chatra in connection with Pratappur P.S. Case No.125 of 2020 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
In case the petitioner deposits Rs.2,44,800/- with Deputy Commissioner, Chatra, learned trial court will pass an appropriate order regarding the same at the time of conclusion of trial.
In case, the petitioner tenders the aforesaid amount, the Deputy Commissioner, Chatra is directed to accept the same in connection with this case.
(Anil Kumar Choudhary, J.) Sonu/Gunjan-