Rajesh Srivastava @ Rajesh Kumar Srivastav vs State Of Jharkhand

Heard the parties through video conferencing.

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 Nirsa (Kalubathan) P.S. Case No.191 of 2020 instituted under Sections 406, 420, 120 B 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 along with one Dinesh introduced their employer to the employer of the informant to secure a mining contract from one M/s. Tycoon Industries and later on an agreement dated 03.11.2017 was entered into between the said employers and within one month, the employer of the informant provided diesel worth Rs.30,00,000/- and cash of Rs.10,00,000/- to Ankit Traders but the said amount is not paid to the employer of the informant and it is alleged that cheating and criminal breach of trust has been committed by Samapti Chaudhary, the proprietor of Ankit Traders-which is a petty contractor of Tycoon Industries. It is submitted that the allegation against the petitioner is false. It is further submitted that there is inordinate delay of three years in lodging the F.I.R. It is next submitted that there is no allegation of entrustment of any property to the petitioner. Drawing attention of this Court towards Annexure-2 at page-21 of the brief, learned counsel for the petitioner submits that the petitioner has been appointed as Site Administrative Supervisor. 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 Judicial Magistrate- 1st Class, Dhanbad within six weeks from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to the satisfaction of learned Judicial Magistrate- 1st Class, Dhanbad in connection with Nirsa (Kalubathan) P.S. Case No.191 of 2020 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.