Research › Search › Judgment

High Court of Jharkhand · body

2025 DAILYLAW 7000 (JHR)

ARBIND SINGH ALIAS ARVIND SINGH v. THE STATE OF JHARKHAND

A.B.A./2517/2025 · 2025-04-25

Sri Ananda Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:12522 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.2517 of 2025 ------ 1. Arbind Singh @ Arvind Singh 2. Alok Kumar Singh … … Petitioners Versus 1. The State of Jharkhand 2. Soni Kushwaha. … … Opposite Parties ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Umesh Kumar Choubey, Advocate. For the State : Mr. Rajneesh Vardhan, A.P.P. ----- 05/ 25.04.2025 Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioners apprehending their arrest for offences under Sections 323, 354 and 417 IPC. 3. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 4. From perusal of the complaint case, that the petitioners have demanded a friendly loan of Rs.4 lac with an assurance to return the said amount back within six months and also on the pretext of giving employment. The complainant has given Rs.3,75,000/- to the petitioners in good faith, but the petitioners did not return the said amount to the complainant. 5. Cognizance has been taken against the petitioners. 6. Admitted fact is that the case arises out of a complaint. In a complaint case, there is no question of custodial interrogation. The only fact which the Court has to be assured of is whether the 2025:JHHC:12522 accused will face the trial or not or whether there is any chance of tampering with the evidence. 7. The impugned order does not suggest any of the aforesaid situation. Thus, in a complaint case, since there is no necessity of custodial interrogation; cognizance has already been taken against the petitioners, I am inclined to release these petitioners on anticipatory bail. 8. Accordingly, this Anticipatory Bail Application stands allowed. The petitioners, above named, are directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of their surrender or arrest, they shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate 1st Class, Hazaribag, in connection with Complaint Case No.489 of 2021, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. (ANANDA SEN, J.) Prashant. Cp-3