Altamas Raza vs State of Jharkhand

Heard the parties through video conferencing. Mr. Nilesh Kumar- learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

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

Apprehending his arrest in connection with Argora P.S. Case No.29 of 2019 instituted under Sections 420, 406, 467, 468, 471, 120B of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was an employee of HDFC Bank and he has verified documents of financing several consumer durable loan and out of which some of the documents furnished by the persons who availed such loan were found to be genuine while some other were found to be forged and for that purpose the petitioner has been implicated on account of his improperly making verification of the documents. It is submitted that the allegation against the petitioner is false. It is then submitted that there is no allegation against the petitioner of forging the document. It is also submitted that at best the act of the petitioner may amount to the reelection of duty but no offence punishable in law is made out against the petitioner. It is also submitted that there is no allegation that the petitioner has defalcated any money and the senior bank officers to save their skin has made the petitioner a scape goat. It is also submitted that for the self-same occurrence Argora P.S. Case No.220 of 2019 has also been instituted against the petitioner in which the petitioner has already been given the privileges of anticipatory bail by a co-ordinate Bench of this Court vide order dated 04.09.2020 passed in A.B.A. No.2588 of 2020. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned A.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 of learned Sub-Divisional Judicial Magistrate, Ranchi within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Ranchi in connection with Argora P.S. Case No.29 of 2019 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.