Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 101 of 2025
------ Mukesh Kumar Das, aged about 30 years, son of Sachin Das, resident of Vill –Gobindpur, Karogram, P.O.+P.S. –Deoghar, District -Deoghar … Petitioners
Versus
1. The State of Jharkhand
2. Ajay Kumar Gorai, S/o Laxmikant Gorai, Aged about 48 years, R/o –Village –Bandhpara, P.O.+P.S. –Dumka, District –Dumka, … Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Rahul Ranjan, Advocate For the State
: Mr. Bishambhar Shastri, Addl. P.P. ------
Order No.02 Dated- 16.01.2025
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Complaint (P.C.R.) Case No.800 of 2021 registered under sections 420 of the Indian Penal Code and under Section 138 of the Negotiable Instrument Act.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has committed cheating by issuing a cheque in lieu of the solar equipment purchased worth Rs.4,50,000/- and the same was dishonoured. It is further submitted that the allegations against the petitioner are all false and at best the offence punishable under Section 138 of the Negotiable Instrument Act is made out, which is bailable in nature. It is then submitted that there is no allegation against the petitioner of having any dishonest intention since of the beginning of the transaction between the parties, hence the offence punishable under Section 420 of the Indian Penal Code is not made out even if the allegations are considered to be true in their entirety. It is lastly submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.
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 abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six 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 Judicial Magistrate -1st Class, Dumka, in connection with Complaint (P.C.R.) Case No.800 of 2021 with the condition that the petitioner will cooperate with the trial of the case and subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-