Amit @ Sonu Pandey vs The State of Jharkhand

Both the bail applications are heard together, as they arise from the same F.I.R. i.e. Bistupur P.S. Case No. 183 of 2015, registered under Sections 420, 120B, 458, 34 of the I.P.C., lodged on the basis of Complaint Case No. 872 of 2015 in the court of learned Chief Judicial Magistrate, Jamshedpur.

Complainant and accused persons were known to each other prior to date of occurrence. The complainant was running consultancy business in the name of I.C.E.F. and said office was situated at Bistupur, Jamshedpur, who was trying to get admission of his candidates in any MBBS and on 10.04.2014, the accused persons approached the complainant and assured that they can arrange admission of his candidate at C.M. Medical College, Chhatisgarh and it is alleged that complainant paid Rs. 40 lacs to the accused persons through RTGS, detail description is given in complaint petition. It is alleged that neither the admission was done, nor the money was returned.

Learned counsel for the petitioner - Jaydeep Chakraborty has submitted that whatever amount of Rs. 40 lacs has been paid is in the account of Jaydeep Chakraborty.

Learned counsel for the Subhodip Chakraborty has submitted that during course of investigation, it transpired that the amount has been transferred in the account of Jaydeep Chakraborty and not to this petitioner and he has been falsely implicated in this case as he is elder brother of Jaydeep Chakraborty.

Learned APP has filed a counter affidavit and has stated that in para-7 of the case diary that witness - Lalji Sharma has alleged that for admission of his daughter in C.M. College, Chhatishgarh, Gurg, he paid Rs. 20 lacs to the accused persons.

From perusal of the impugned order, it appears that the amount has been received in the account of Jaydeep Chakraborty and further, learned Sessions Judge had taken note in para-3 that Lalji Sharma has stated that he has given Rs. 7 lacs to one Pankaj B. Madhwa, who is a fictitious person.

So far anticipatory bail application filed on behalf of Jaydeep Chakraborty (petitioner in A.B.A. No. 3952 of 2016) is concerned, I am not inclined to admit him on anticipatory bail. Accordingly, his prayer for anticipatory bail is rejected.

So far, anticipatory bail application filed on behalf of Subhodip Chakraborty @ Subhodeep Chakraborty is concerned, I am inclined to admit the petitioner - Subhodip Chakraborty @ Subhodeep Chakraborty on anticipatory bail and he is directed to surrender in the Court below within four weeks from the date of this order and in the event of his arrest or surrender, the Court below shall enlarge the petitioner - Subhodip Chakraborty @ Subhodeep Chakraborty on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamshedpur, in connection with Bistupur P.S. Case No. 183 of 2015, corresponding to G.R. No. 2056 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.