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2025 DAILYLAW 5475 (JHR)

SANTAN KUMAR GUPTA ALIAS SANTAN KUMAR v. THE STATE OF JHARKHAND

A.B.A./1006/2025 · 2025-02-14

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1006 of 2025 ------ Santan Kumar Gupta @ Santan Kumar, aged about 34 years, Son of Daroga Prasad Gupta, resident of Lalita Acrade Apartment, Flat No.101, Morahabadi, Near Euro Kids School, PO Bariatu, Dist.-Ranchi .... …. Petitioner Versus 1. The State of Jharkhand 2. Prabhat Kumar, s/o Moti Lal Agrawal, r/o Subha Shree Apartment, PO Bariatu PS Bariatu, Dist. Ranchi .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Akhouri Awniash Kumar, Advocate For the State : Mr. Bisheshwar Shastri, Addl. P.P. ------ Order No.02 Dated- 14.02.2025 Heard the parties. Apprehending his arrest in connection with Kotwali P.S. Case No.229 of 2019 instituted under Sections 379, 420, 467, 468, 471, 504 and 506/34 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being the partner of the former employee of the informant, has committed theft of four cheques and misused the same. It is next submitted that the allegation against the petitioner is false. It is further submitted that no loss has been caused to the informant or his establishment. It is then submitted that due to nonpayment of the remaining dues by the informant and his company, severe financial distress has been caused to the petitioner. It is next submitted that the postdated cheques were issued by the informant for Rs.13,00,000/- being the admitted dues but the informant has taken a U- turn and has lodged this false case, with false allegations. It is also submitted that similarly situated co-accused person has been granted anticipatory bail by this Court in ABA No.798 of 2025 vide order dated 06.02.2025. It is further submitted that the petitioner undertakes that he will not annoy or disturb the informant 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 depositing Rs.10,000/- 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 Chief Judicial Magistrate, Ranchi, in connection with Kotwali P.S. Case No.229 of 2019 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 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.) Anjali/-