2025:JHHC:11726 -: 1 :- A.B.A. No. 3433 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3433 of 2024 ---- Josim Shaikh son of Taserul Shaikh @ Mahbul Shaikh, resident Village Sirajpur, P.O. Makdampur, P.S. Maheshpur, District Pakur, Jharkhand. … Petitioner -versus- 1. The State of Jharkhand 2. Nand Kishore Rawat S/o Rama Kant Rawat, R/o at present Bharat Financial Inclusion Limited, Maheshpur, PO PS Maheshpur, Dist. Pakur, Jharkhand, R/o Permanent Kumar Para, Jirwabari, PO PS Jirwabari, Dist. Dumka, Jharkhand. … Opposite Parties ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner : Mr. Mahesh Tewari, Advocate For the Opp. Parties: Mr. Vishwanath Roy, A.P.P. ---- O R D E R 6/ 21.04.2025 Learned counsel for the petitioner and the learned A.P.P. for the State had argued their case at length on the last date and on conclusion of argument, the case was fixed for today under the heading “For Orders”. 2. Through this anticipatory bail application, the petitioner, apprehending his arrest in connection with Maheshpur Police Station Case No.29 of 2024 for allegedly committing offences under Sections 406, 420, 409, 467, 471, 465, 468 of the Indian Penal Code, pending in the Court of the Chief Judicial Magistrate, Pakur, has prayed for grant of anticipatory bail to the petitioner. 3. Learned counsel for the petitioner had contended that the petitioner is quite innocent and the allegations by the prosecution are false and baseless. He argued that no specific allegation or any specific role played by the petitioner in the entire offence has been brought in by the complainant/ informant. He further submitted that the allegations in this case revolve around financial transactions and even if the allegations are taken to be true, there is 2025:JHHC:11726 -: 2 :- A.B.A. No. 3433 of 2024 no specific allegation against the petitioner indicating his involvement in the alleged financial transactions. 4. Learned A.P.P. appearing for the State argued that in course of investigation witnesses have stated that the petitioner had also obtained finger prints from them and was instrumental in fraudulent financial transactions and embezzlement of huge amount. He specifically referred to the statement of witnesses recorded in course of investigation at paragraph 6, and paragraphs 36 to paragraph 40 of the case diary. 5. A complaint was filed by the complainant/informant, who is the Branch Manager of Bharat Financial Inclusion Ltd., Maheshpur Branch. Subsequently, on directions of the Court below in terms of Section 156(3) of the Code of Criminal Procedure, a First Information Report being Maheshpur Police Station Case No.29 of 2024 was registered for offences under Sections 420, 406, 409, 467, 471, 465, 468 of the Indian Penal Code. In the complaint petition, it was alleged by the complainant/informant that the accused Nos.1 and 2, who were employees of the Company and accused No.3 and accused No.4 (petitioner herein) who were C. Operators of the Company, on the pretext of Aadhar Update, obtained finger prints of members and fraudulently withdrawn money several times and embezzled the same. The complainant has also narrated specific instances in the complaint petition and has alleged that the accused persons have embezzled an amount to the tune of Rs.43,67,321/- (Rupees Forty Three Lakh Sixty Seven Thousand Three Hundred Twenty One). 6. Considering the rival submissions and the allegations, I have gone through the case diary. From the statement of witnesses at paragraph 6 and paragraphs 36 to 40 of the case diary, it appears that the Assistant Branch Manager of the Company has stated that the petitioner along with other co- accused had left the centre meeting and on enquiry it could be found that the four accused, including the petitioner, have fled after defrauding Rs.43,67,321/- It has also been stated that the accused persons have fled even from their home and village and not responding to the phone calls being made. Similarly, the individual victims of such fraud, whose statements are at paragraphs 36 to 40 of the case diary, have all in similar manner stated that the petitioner along with co-accused Sandeep and Nafis had obtained their finger prints and thus, additional amounts are shown as loan dues against their names. This petitioner 2025:JHHC:11726 -: 3 :- A.B.A. No. 3433 of 2024 has misappropriated huge money and has caused loss to the company and the people who were members. 7. Considering the nature of allegations and also in view of the materials that have transpired in course of investigation, I find that this is not a fit case for grant of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner in connection with in connection with Maheshpur Police Station Case No.29 of 2024, pending in the Court of the Chief Judicial Magistrate, Pakur, is hereby rejected. 8. This anticipatory bail application is, accordingly, dismissed. (Ananda Sen, J.) Kumar/Cp-03