KAMLESH GUPTA ALIAS WAKIL SAW v. THE STATE OF JHARKHAND
A.B.A./5438/2025 · 2025-09-17
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25811 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25811 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:JHHC:28594] -1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 5438 of 2025
Kamlesh Gupta @ Wakil Saw, aged about 48 years, son of Late Laxman Gupta, resident of village. Brambe, P.O.-Brambe, P.S.- Mandar, District.- Ranchi.
..... … Petitioner
Versus The State of Jharkhand.
..... … Opposite Party
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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. Pran Pranay, Advocate. For the State
: Mr. Vishwanath Roy, A.P.P.
------
03/ 17.09.2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner is apprehending his arrest in connection with Sariya P.S. Case No. 135 of 2020, registered for the offences under Sections 406 and 420 of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Giridih.
3.
Learned counsel appearing for the petitioner submits that the petitioner has given a loan of Rs. 10 lakhs to the informant and for that one agreement was entered into between the parties, which is at page-30 of the petition and the same is also the part of the FIR. He submits that Rs. 6,68,000/- was returned by the informant to the petitioner and when further demand was made to return the remaining amount, in retaliation, the present case has been lodged alleging that the petitioner has not returned Rs. 8.5 lakhs.
4.
Learned A.P.P. for the State has opposed the prayer and submits that there are allegations against the petitioner of not returning Rs. 8.5 lakhs, which has been taken in arranging the loan amount to the informant.
[2025:JHHC:28594] -2-
5.
It appears that there is an agreement, by which, a sum of Rs. 10 lakhs was given by the petitioner to the informant and out of that he has returned Rs. 6,68,000/- to the informant and demand of rest amount was made and allegations are made that the petitioner has taken Rs. 8,50,000/- for arranging the loan amount, I am inclined to provide the privilege of anticipatory bail to the petitioner.
6.
Accordingly, the petitioner, named above, is hereby
directed to surrender before the learned court within three weeks from today, and in the event of her surrender/arrest, the petitioner, above named, 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 Chief Judicial Magistrate, Giridih, in connection with Sariya P.S. Case No. 135 of 2020, subject to the conditions as laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sanjay Kumar Dwivedi, J.) Dated:-17.09.2025
Amitesh/-