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2025 DAILYLAW 26643 (JHR)

RIJWAN ANSARI v. UNION OF INDIA THROUGH CBI

A.B.A./8585/2023 · 2025-08-06

Sanjay Kumar Dwivedi

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Judgment text

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2025:JHHC:21998 -1- A.B.A. No. 8585 of 2023 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- A.B.A. No. 8585 of 2023 ---- Rijwan Ansari, aged about 35 years, son of Salim Uddin Ansari, resident of Village Matiyala, P.O. Sarkadih, P.S. Govindpur, District Dhanbad .... Petitioner -- Versus -- Union of India, through CBI .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Niranjan Kumar, Advocate For the UOI/CBI :- Mr. Prashant Pallava, Advocate Mr. Bajrang Kumar, Advocate ---- 12/06.08.2025 Heard the learned counsel for the petitioner as well as the learned counsel for the UOI/C.B.I. 2. The petitioner is apprehending his arrest in connection with R.C.Case No.51(S)/2017 CBI EOW, Ranchi (RC0932017S0051) dated 14.09.2017, for the offence registered under sections 120B, 420, 406, 467, 468 and 471 of the IPC Section 3/4/6 of Prize Chit and Money Circulation Scheme (Banning Act) 1978, pending in the court of learned Sub Divisional Judicial Magistrate, Dhanbad. 3. Learned counsel for the petitioner submits that the petitioner is cooperated in the investigation and whenever the investigating officer has called upon, the petitioner has appeared without any delay before the investigating officer. During the course of investigation, he has been handed over some document with respect to the seized articles to the petitioner after preparing the seizure memo and the said seizure list handed over to the petitioner during the course of the trial. He submits that in view of that the petitioner has cooperated voluntarily with the CBI and the CBI has not arrested the petitioner and the charge sheet has already been submitted. He further submits that before taking over the investigation by the CBI, the petitioner has moved before the High Court for anticipatory bail and when the matter was being investigated by the State police, the said anticipatory bail was dismissed. He submits that in view of the changed circumstances, the petitioner has filed the present anticipatory bail petition and the petitioner is not the Director of the alleged company namely, Web Infra Project Limited. He further submits that the allegation against the petitioner in the charge sheet is that Rs.One lac 2025:JHHC:21998 -2- A.B.A. No. 8585 of 2023 was transferred in the bank account of the petitioner and his friends have wrongly involved the name of the petitioner in the said company. 4. Learned counsel for the respondent CBI has opposed the prayer and submits that earlier the anticipatory bail application of the petitioner has already been rejected and in view of that the present ABA is not maintainable. He further submits that in view of that the petitioner may appear before the learned court and pray for regular bail. 5. In view of the above it transpires that earlier the petitioner has moved in A.B.A and while the matter was being investigated by the State police and subsequently the matter was transferred to the CBI pursuant to the order of the High Court and the CBI has now investigated the matter and submitted the charge sheet. From the charge sheet it is clear that the petitioner is not shown as an absconder and in view of that, it is clear that the petitioner has cooperated in the investigation and now the charge sheet has already been submitted and it is further well settled that under the changed circumstances, the second anticipatory bail application can be maintained, and in the attending circumstances, I am inclined to grant anticipatory bail to the petitioner. 6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his 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 Sub Divisional Judicial Magistrate, Dhanbad, in connection with R.C.Case No.51(S)/2017 CBI EOW, Ranchi (RC0932017S0051) dated 14.09.2017, subject to the conditions as laid down under section 482(2) of the Bhartiya Nagrik Suraksha Sanhita (BNSS). 7. This petition is disposed of. ( Sanjay Kumar Dwivedi, J.) SI/