MD ASLAM ALIAS MD ASALAM v. THE STATE OF JHARKHAND
A.B.A./1513/2024 · 2025-01-22
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7197 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7197 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1513 of 2024
------ Md. Aslam @ Md. Asalam, aged about 32 years, s/o Md. Naim, resident of Village-Rampur, P.O.-Bari, P.S.-Chandwa, Dist.-Latehar 829203, Jharkhand
… Petitioner
Versus
1. The State of Jharkhand
2. Branch Manager,Jharkhand State Gramin Bank, Sasang Branch, P.O. & P.S.-Chandwa, Dist.-Latehar, Jharkhand
… Opposite Parties
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Shadab Eqbal, Advocate
: Mr. Farhan Kibriya, Advocate
: Mr. Danish Shahbaz, Advocate
: Mr. Haroon Rasheed, Advocate
: Mr. Alok Raj, Advocate
: Mr. Anshuman Om, Advocate For the State
: Mr. Anuj Kr. Trivedi, AC to SC VII ------
Order No.14 Dated- 22.01.2025
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Chandwa P.S. Case No.182 of 2023 registered under sections 419/ 420/406/467/468/471/120B/34 of the Indian Penal Code.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in collusion with the co-accused-Abhishek Kumar Singh @ Abhishek Kumar being the Branch Manager of Jharkhand Rajya Gramin Bank, Sasang Branch, was responsible for fraudulent transfer of Rs.91,13,200/- to the account of seven account holders, including the petitioner himself, by illegally withdrawing the same from different account of the said bank. It is next submitted that the only allegation against the petitioner is that a sum of Rs.5,52,701/- was transferred to the account of the petitioner. It is further submitted that the allegations against the petitioner are all false and except of the fact that the petitioner is having a bank account in the
Jharkhand Rajya Gramin Bank, Sasang Branch, the petitioner has no other association with the bank as the petitioner is a villager by profession. Drawing attention of this Court to the supplementary affidavit dated 03.09.2024, it is submitted by the learned counsel for the petitioner that the petitioner has already transferred the said entire amount of Rs.5,52,701/- to different persons as per the instruction of the co-accused-Abhishek Kumar Singh @ Abhishek Kumar who was the then Branch Manager of Jharkhand Rajya Gramin Bank, Sasang Branch. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned counsel for the State on the other hand vehemently opposes the prayer for grant of anticipatory bail and submits that anticipatory bail of the co-accused persons have been rejected vide orders dated 11.03.2024, 13.03.2024 and 01.10.2024 in A.B.A. Nos. 38 of 2024, 363 of 2024 and 1123 of 2024 respectively. It is next submitted by the learned counsel for the State that the custodial interrogation of the petitioner is required during the investigation of the case to find out the details of the conspiracy and forgery as well as cheating as also for recovery of the cheated amount. It is then submitted by learned counsel for the State that the admission of the petitioner that as per the instruction of the co-accused, he has transferred money to the account of the persons other than the account holders of the bank from whose account the amount has been transferred to him, shows his complicity with the petitioner. Hence, it is submitted that the petitioner ought not to be given the privilege of anticipatory bail.
Considering the serious nature of allegation against the petitioner and the requirement of custodial interrogation of the petitioner during the investigation of the case, this Court is not inclined to give the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for grant of privilege of anticipatory bail to the petitioner is rejected.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-