Ajit Mahra And Ors vs State of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Sarath P.S. Case No.89 of 2017 registered under sections 419/ 420/34 of the Indian Penal Code and under Section 66A/B/C of I.T. Act.

The Learned counsel for the petitioner submits that though the name of the petitioner no.1 is Ajit Mahra but in the cause title, his name has wrongly been mentioned as Ajit Mahra Mandal. It is next submitted that the allegation against the petitioners is that they along with other co-accused persons of the case are impersonating themselves as bank officers and after obtaining information about the details of A.T.M. cards of the account holders of bank, they swindle away money from their bank accounts. It is further submitted that the allegations against the petitioners are all false and nothing has been recovered from the conscious possession of the petitioners. It is then submitted that earlier the petitioners instituted P.C.R. Case No.10 of 2016 in the court of Special Judge, Deoghar and because of that, the informant has instigated the petitioners in false cases. It is then submitted that the petitioners are ready and willing to furnish sufficient security including cash security and undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

Learned Spl. 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 above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.30,000/- each and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Madhupur, in connection with Sarath P.S. Case No.89 of 2017 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.