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2025 DAILYLAW 6912 (JHR)

UDIYAN TOPNO v. THE STATE OF JHARKHAND

A.B.A./1395/2025 · 2025-03-03

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1395 of 2025 ------ Udiyan Topno, aged about 47 years, son of Elias Topno, resident of Village –Jabra Road, Korra, P.O. –Korra, P.S. – Sadar, Hazaribag, District –Hazaribagh. … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Randhir Kumar, Advocate : Mrs. Pinki Kumari, Advocate For the State : Mr. Arup Kr. Dey, Addl. P.P. ------ Order No.02 Dated- 03.03.2025 Heard the parties. Apprehending his arrest in connection with Katkamdag P.S. Case No.56 of 2023 instituted for the offences punishable under Sections 406/409/420/34 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail. The learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being the Gram Rojgar Sewak has taken Rs.6,00,523.84 but has not completed the work. It next is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards order dated 18.12.2024 passed in A.B.A. No.2767 of 2024 passed by a Co- Ordinate Bench of this Court, learned counsel for the petitioner submits that therein in para-3, it has been mentioned that in para-38 and 54 of the case diary, the concerned Junior Engineer and Block Programme Officer, have reported that the construction has already been completed. It is further submitted that the petitioner has no criminal antecedent as mentioned in para-14 of the instant bail application. It is next submitted that petitioner undertakes to cooperate with the investigation of the case and to furnish sufficient security including cash security. It is lastly submitted that the co- accused person has already been given the privilege of anticipatory bail by this Court vide order dated 12.02.2025, in A.B.A. No. 937 of 2025. Hence, it is submitted that the petitioner be also given the privileges of anticipatory bail. The 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 the date of the order and in the event of his arrest or surrendering, he will be enlarged on bail on 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 Judicial Magistrate-1st Class, Hazaribagh in connection with Katkamdag P.S. Case No.56 of 2023 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 further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Sonu/Gunjan-