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2025 DAILYLAW 4836 (JHR)

DINESH CHOUDHARY v. THE STATE OF JHARKHAND

A.B.A./1118/2025 · 2025-02-18

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1118 of 2025 ------ Dinesh Choudhary, aged about 37 years, s/o Madhusudan Choudhary, resident of Village-Samaldih, P.O. & P.S.- Satgawan, Dist.-Koderma (Jharkhand) … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. R.N. Sahay, Sr. Advocate : Mr. Yashvardhan, Advocate : Ms. Kirtivardhan, Advocate : Mr. Aditya Aman, Advocate For the State : Mrs. Amrita Kumari, Addl. P.P. ------ Order No.02 Dated- 18.02.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Gawan P.S. Case No.87 of 2024 registered under sections 201/ 316(5) /318 (4)/3(5) of the B.N.S., 2023. The Learned Senior Advocate appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of common intention with the co-accused persons committed cheating and criminal breach of trust as well as caused disappearance of the evidence. It is further submitted that the allegations against the petitioner are all false and the petitioner has been implicated in this case only on the basis of the confessional statement of the co-accused person, wherein, he stated that he and others used to transfer the misappropriated amount to the bank account of the instant petitioner. It is then submitted that the petitioner was working as Block Trainer Team at Community Health Centre, Koderma and the instant case is filed in Giridih in respect of financial misappropriation that took place at Community Health Centre, Gawan in the District of Giridih. It is further submitted that the petitioner is in no way connected with the alleged financial transaction that took place at Community Health Centre, Gawan. It is further submitted that the petitioner is not involved in the alleged scam done by the higher officials of the community health center; as the petitioner was the Block Trainer Team and he has no role in release of the payment and the two of the co-accused persons namely Pramod Kumar Barnwal being the Block Program Officer-cum-Block Accounts Manager who acted as checker and former In-charge Medical Officer, Dr. Chandramohan Kumar who acted as maker, to whom the OTP was sent and he received the same and only after verification of OTP, payment was made. It is further submitted that the petitioner has deposited the entire amount of Rs.64,47,993/-. 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 J.M. 1st Class, Giridih, in connection with Gawan P.S. Case No.87 of 2024 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-