Jharkhand High Court
Abhishek Raj vs The State Of Jharkhand ......Opposite ... on 2 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1081 of 2023
Abhishek Raj ...... Petitioner
Versus
The State of Jharkhand ......Opposite party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Shailendra Kumar Tiwari, A.P.P. .....
Order No.03/ Dated:02.05.2023 Heard learned counsel for the parties.
Apprehending his arrest in connection with Chouparan P.S. Case No. 327 of 2021 instituted under Sections 420/34 of the Indian Penal Code and under Section 66(B), 66(D) of I.T. Act, the petitioner has moved to this Court for grant of privilege of anticipatory bail.
As per F.I.R., allegation is that accused person are involved in cloning of the ATM card. It is alleged that apprehended accused, Abhishek Raj was in possession of one ATM Card of AXIS Bank and one small ATM swap machine with a Jio sim and Airtel sim.
Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is submitted that petitioner has no concern with the alleged ATM swap machine or the sim. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
It appears that petitioner has criminal antecedent of similar offence. Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am not inclined to grant privilege of anticipatory bail to the petitioner, which stands rejected.
Petitioner is directed to surrender before the court below and pray for regular bail, the learned court below shall consider the same on its own merits, without being prejudiced by this order.
(Pradeep Kumar Srivastava, J.) R.K/