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Jharkhand High Court

Sunil Kumar Samantaray vs The State Of Jharkhand on 5 February, 2020

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
               A.B.A. No. 7869 of 2019
                           ------
        Sunil Kumar Samantaray             ...                Petitioner
                                      Versus
       1. The State of Jharkhand
       2. Mangal Mani Singh               ...           Opposite Parties
                                       ------

CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Vikas Kumar, Advocate For the State : Mr. Suraj Mohan, Addl. P.P. For O.P. No.2 : Mr. Hariom Kumar, Advocate

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Order No.03 Dated- 05.02.2020 Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bharno P.S. Case No.61 of 2018 registered under sections 419/420/467/468/471 of the Indian Penal Code.

Heard the parties.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has cheated of Rs.11,00,000/- to the informant in the name of securing admission of the informant's ward in M.B.B.S. Course in KIIT University. It is further submitted that the allegation against the petitioner are all false and the petitioner has not taken any money whatsoever and this false case has been foisted by the informant consequent upon his ward being not selected in M.B.B.S. Course in KIIT University. It is then submitted that the petitioner is ready and willing to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail.

Learned counsel for the opposite party no.2 submits that the opposite party no.2 has no documents to show entrustment of any money to the petitioner.

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 weeks from the date of this order, he shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Gumla, in connection with Bharno P.S. Case No.61 of 2018 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 subject to the conditions laid down under section 438 (2) Cr. P.C. (Anil Kumar Choudhary, J.) Gunjan-