Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 31356 (JHR)

AKHILESH TIWARY v. THE STATE OF JHARKHAND

A.B.A./54/2025 · 2025-01-15

Anil Kumar Choudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.54 of 2025 ------ Akhilesh Tiwary, S/o Late Lallan Tiwary, Aged about 48 Years, R/o Holding No. 133, Flat No.- 1, Crystal Tower, Near Telephone Exchange, P.O.- Sakchi, P.S.- Bistupur, District- East Singhbhum, (Jharkhand)- 831001; erstwhile posted as Branch Head at HDFC Bank Ltd. Bistupur, Mithila Motors Building, Near Ram Mandir, P.O. & P.S. Bistupur, Jamshedpur, District- East Singhbhum- 831001 and at present working for gain as Cluster Head at HDFC Bank Ltd., 1st Floor, Left Block, Ambey Excellency, Main Road, Chota Gamharia, P.O. & P.S.- Gamharia, District- Saraikela Kharsawan (Jharkhand)- 823108 .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Ganesh Dutta Pandey, S/o Late Ram Kailash Pandey, R/o L- 12, Brindaban Garden, Sonari, P.O. & P.S. Sonari, Town- Jamshedpur, District- East Singhbhum Jharkhand .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate Mr. Kumar Nischay, Advocate Mr. Ashish Jha, Advocate For the State : Mr. Rajneesh Vardhan, Addl.P.P ------ Order No.02 Dated- 15-01-2025 Heard the parties. Apprehending his arrest in connection with Bistupur P.S. Case No.17 of 2022 instituted under Sections 406/420/467/468/471/120B/34 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned senior counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner having been posted as the then Branch Head of HDFC Bank, was involved in opening of the ‘Security Trading Account’ in the name of the informant-complainant fraudulently without proper verification and ‘Power of Attorney’ was issued by the HDFC Bank resulting in the sale of all his securities online of the informant amounting to 29,77,103.18/- by deceitful means. It is next submitted that a cloak of criminal offence is being given to a civil dispute to put pressure upon the officers of the Bank. It is also submitted that the petitioner is at present posted as Assistant Vice-President of HDFC Bank Ltd. It is further submitted that there is a delay of five years in lodging the FIR and the alleged ‘Saving Bank Account’ and ‘Demat Account’ of the complainant-informant have not been opened by the petitioner nor the same have been opened during the period when the petitioner was posted at HDFC Bank, Bistupur Branch. It is also submitted that for the first time, the petitioner was posted at HDFC Bank, Bistupur Branch, Jamshedpur on 01.05.2015. It is next submitted that the petitioner is co-operating with the investigation of the case and has complied with the notice issued under Section 41A of the Code of Criminal Procedure. It is next submitted that the Demat Account of the complainant-informant jointly with Mrs. Sabita Pandey was opened on 12.08.2003, so, the petitioner is no way responsible for the job of verification at the time of opening of the said account. It is also submitted that the petitioner undertakes that he will not annoy or disturb the informant-complainant or any of his family members in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.1,00,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Jamshedpur in connection with Bistupur P.S. Case No.17 of 2022 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and he will not annoy or disturb the informant- complainant or any of his family members in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Saroj/