Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 305 of 2025
------ Shamsher Alam, aged about 55 years, son of Md. Nazir, Resident of Purani Basti, Jugsalai, P.O. and P.S. –Jugsalai, District –East Singhbhum
… Petitioner
Versus The State of Jharkhand … Opposite Party
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Praveen Shankar Dayal, Advocate For the State
: Mrs. Bandana Sinha, Addl. P.P. ------
Order No.02 Dated- 23.01.2025
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Telco P.S. Case No.100 of 2019 registered under sections 406/420/467 /468/471/120B of the Indian Penal Code.
The Learned counsel for the petitioner submits that this is the second journey of the petitioner with the prayer for anticipatory bail. It is next submitted that the petitioner was given the privilege of anticipatory bail vide order dated 03.02.2020 in A.B.A. No. 7772 of 2019 but the petitioner did not surrender in the trial court but after remaining at large for about four years, again the second prayer for anticipatory bail has been filed. It is further submitted that the allegations against the petitioner are all false. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
The learned Addl. P.P. on the other hand vehemently opposes the prayer for grant of anticipatory bail and submits that the petitioner is playing fraud with the Court and even though he was given the privilege of anticipatory bail, he did not surrender nor he made any prayer for extension of time, instead absconded for four years has come with the prayer for anticipatory bail and is not cooperating with the investigation of the case. It is then submitted that his custodial interrogation is required during the investigation
of the case. Hence, it is submitted that the petitioner ought not to be given the privilege of anticipatory bail.
Considering the serious nature of allegation against the petitioner and the requirement of his custodial interrogation during the investigation of the case as well as the conduct of the petitioner of not surrendering before the trial court , even though he was given the privilege of anticipatory bail and absconded, moreover as he is not cooperating with the investigation of the case, even though he was given the privilege of anticipatory bail, this Court is not inclined to give the privilege of anticipatory bail to the petitioner again. Accordingly, the prayer for anticipatory bail to the abovenamed petitioner is rejected.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-