Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 614 of 2025
------ Avinash Verma, aged about 34 years, son of Raj Kumar Sunar, R/o at Govind Tola, Sambalpur, P.O. and P.S. –Sambalpur, District –Sambalpur, Odisha -768005
… Petitioner
Versus
1. The State of Jharkhand
2. Rajesh Kumar Vidarthi, S/o Late Lakshmi Narayan, Resident of H. No. 50, Silsila Chowak, Dimna Road, Mango, P.O. Mango and P.S. Mango, Town –Jamshedpur, District –East Singhbhum, Jharkhand … Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. K.S. Nanda, Advocate For the State
: Mr. Shashi Kr. Verma, Addl. P.P. ------
Order No.02 Dated- 29.01.2025
Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sidhgora P.S. Case No.124 of 2023 registered under sections 406/420/409/323/341/ 384/201 of the Indian Penal Code. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the Director of a company and the petitioner engaged the informant as Regional Manager of his company in the State of Jharkhand and as the informant was made the authorized signatory for doing works at Jamshedpur, the informant was asked to arrange distributor/partners on the condition of being given 25 percent of the profit. The informant recruited investors and partners. The company assured that the informant will get Rs.15,000/- per month. The petitioner induced the informant to collect money from the customers on behalf of the company and some persons have invested money in the company but the company is neither providing certificates nor returning the money. It is further submitted that the allegations against the petitioner are all false. It is next submitted that there is no allegation against the petitioner that the petitioner has not provided broadband connection to distribute amongst the selected customers and the entire allegation against the petitioner is regarding business transaction. It is
further submitted that there is no allegation against the petitioner that the petitioner has played any fraud since the beginning of the transaction between the parties and there is no allegation against the petitioner of causing dishonest misappropriation of any property. It is next submitted that the entrustment of property is to the co-accused company and not personally to the petitioner and the informant has not invested any money or paid any money to the petitioner. It is further submitted that the dispute between the parties is basically a civil dispute and a cloak of criminal case has been given to a purely civil dispute. It is then submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation 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 depositing cash security of Rs.1,00,000/- and 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, East Singhbhum, Jamshedpur, in connection with Sidhgora P.S. Case No.124 of 2023 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.)
Sonu/Gunjan-