Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1570 of 2025
------ Fujail Ansari, aged about 43 years, s/o Islam Ansari, r/o Village-Tasrar, P.O.-Jarhi, P.S.-Dandai, Dist.-Garhwa (Jharkhand) … Petitioner
Versus
1. The State of Jharkhand
2. Prince Kumar Soni, aged 33 years, s/o Manik Chandra Soni, r/o Village-Pathak Mohalla, Garhwa, P.O.-Garhwa, P.S.-Garhwa, Dist.-Garhwa (Jharkhand)
… Opposite Party
------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Syed. T. Sajid, Advocate
: Mr. Ashok Kumar, Advocate For the State
: Mr. Arup Kr. Dey, Addl. P.P. ------
Order No.02 Dated- 07.03.2025
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No. 634 of 2023 registered for the offences punishable under sections 138 of N.I. Act and under Section 467/ 468/420/406 of the Indian Penal Code.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner issued a cheque of Rs.1,35,000/- to the complainant, which was dishonoured and the complainant filed Complaint Case No. 1539 of 2022 but the same was dismissed for having been filed prematurely hence, the complainant filed the present complaint in which the learned Magistrate has found prima facie case for the offence punishable under Section 406 and 420 of Indian Penal Code. It is next submitted that basically the offence punishable under Section 138 of N.I. Act is made out, which is bailable in nature. It is further submitted that the allegations against the petitioner are all false and there is no allegation of any dishonest misappropriation of any property by the petitioner nor the petitioner has cheated the complainant. It is then submitted that
the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the trial 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. 10,000/- 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 C.J.M., Garhwa, in connection with Complaint Case No. 634 of 2023 with the condition that the petitioner will cooperate with the trial 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-