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2025 DAILYLAW 23935 (JHR)

HIMANSHU ALIAS HIMANSHUTOSH KUMAR v. THE STATE OF JHARKHAND

A.B.A./6976/2024 · 2025-06-18

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:16070 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 6976 of 2024 ---- Himanshu @ Himanshutosh Kumar, S/o Dadan Sahu, R/o Vrindavan Nagar, Hehal, Pahad Toli, P.O. Hehal, P.S. Sukhdeo Nagar, Dist- Ranchi. … … Petitioner Versus The State of Jharkhand … … Opposite Party ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner: Mr. Ishan Kumar Jha, Advocate For the State: Ms. Sushma Aind, A.P.P. ---- 04/ 18.06.2025 Heard learned counsel for the petitioner and learned A.P.P. appearing for the State. 2. This anticipatory bail application under Sections 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been preferred by the petitioner apprehending his arrest in connection with Sukhdeo Nagar P.S. Case No. 528 of 2023 corresponding to G.R. No. 278 of 2024 for alleged offences under Sections 419, 420, 467, 468, 471 & 34 of the Indian Penal Code. The case is presently pending before the Court of Judicial Magistrate 1st Class at Ranchi. 3. It has been alleged that the informant received a secret information that Suraj Kumar was member of a big gang and used to cheat people causing financial loss. The informant along with other police party secretly investigated Suraj Kumar and his activities, and found his involvement in wrong activities. When Suraj Kumar’s house was raided, he tried to flee away but failed. While being continuously interrogated, Suraj Kumar admitted that people were being cheated by calling people on pretext of extending benefit in schemes like Pradhan Mantri Mudra Yojana and Meesho Online Shopping, Dhani Instant Personal Loans and Lottery and got money by fraud. He also mentioned the name of his associates Shekhar Kumar, Himanshu, Shivam, Manish, Shudhanshu. Suraj was using fake apps and fake documents to obtain money illegally by cheating people. 4. Learned counsel for the petitioner submits that there is no person who came forward to complain anything about cheating or fraud against the petitioner. Only on the basis of suspicion and confession of other co-accused, the police has registered the present case. The offences thus mentioned in 2025:JHHC:16070 -: 2 :- the F.I.R. are not made out against the petitioner. There is no material in the records to show the petitioner’s involvement in any manner. 5. Learned APP has vehemently opposed the prayer of the petitioner for grant of anticipatory bail and submits that during the investigation the witnesses have supported the case of the prosecution and have deposed that the petitioner and others were assisting Suraj in commission of the offence of cheating and the supervision note also found the case to be true. Counsel further submits that Himanshu was the leader of the group and used to get the money fraudulently transferred through UPI Airtel payment Bank through SIM number taken in a fake name. 6. From the allegations in the First Information Report, I find that there is direct allegation against the petitioner of his involvement in cheating general public and obtaining money illegally. On perusal of the records, it is found that the witnesses examined in course of investigation have supported the prosecution case and have clearly stated that the petitioner was assisting Suraj in commission of the offence. Considering the said facts, I am not inclined to grant anticipatory bail to the petitioner. The prayer for grant of anticipatory bail of the petitioner is hereby rejected. 7. This anticipatory bail application is, accordingly, dismissed. (Ananda Sen, J.) Kumar/Cp-03