Citation : 2024 Latest Caselaw 9375 Jhar
Judgement Date : 20 September, 2024
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 5610 of 2024
Navin Kumar Pandey, aged about 48 years, Male, son
of Sri Surendra Pandey, Resident of Near LBSM
College Road, Harharguttu, Near Mathura Seth,
Jamshedpur, Golmuri-cum-Jugsalai, P.O. & P.S.
Jugsalai, Town Jamshedpur, District East Singhbhum.
..... ... Petitioner
Versus
Central Bureau of Investigation (EOW) ..... ... Opposite Party
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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Rajesh Kumar, Advocate.
For the CBI : Mr. Anil Kumar, A.S.G.I.
: Ms Chandana Kumari, A.C. to A.S.G.I.
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02/ 20.09.2024 Heard learned counsel appearing for the petitioner and learned
A.S.G.I. appearing for the CBI.
2. The petitioner is apprehending his arrest in connection with Regular CBI Case No. RC-02(S) of 2018-EOW-R corresponding to R.C.- 1(S)/2020-EOW-R, for the alleged offences under Sections 120-B, 420, 467, 468 and 471 of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act, pending in the court of learned Special Judge, CBI, Ranchi.
3. Learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR, however, in the supplementary chargesheet, the name of the petitioner has come. He submits that the petitioner has not taken any amount of loan and he has only become guarantor of the loan, granted to one Anish Kumar Singh. He further submits that in identical situation, the other co-accused persons have already been provided the privilege of anticipatory bail in A.B.A. Nos. 6906 and 7211 of 2020 respectively by the co-ordinate benches of this court. He submits that he has co-operated in the investigation and will further co-operate in the trial and he will not tamper with any evidence during the trial. He further submits that in the light of the judgment of Hon'ble Supreme court in the cases of "Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in (2022) 10 SCC 51 and in the case of "Siddharth Vs. State of Uttar Pradesh and Anr., reported in 2021 SCC Online SC 615 the privilege of anticipatory bail may kindly be provided to the petitioner.
4. Learned A.S.G.I appearing on behalf of C.B.I. opposes the prayer on the ground that the allegation of impersonation is there against the petitioner and in view of that the privilege of anticipatory bail may not be provided to the petitioner.
5. Considering that two of the similarly situated co-accused have already been provided the privilege of anticipatory bail in the aforesaid A.B.As. and chargesheet has already been submitted and further the petitioner will not tamper with any of the evidence during pendency of trial and in the light of judgments of the Hon'ble Supreme Court in the cases of Satender Kumar Antil (supra) and Siddharth (supra), I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned Special Judge, CBI, Ranchi, in connection with Regular CBI Case No. RC-02(S) of 2018-EOW-R corresponding to R.C.-1(S)/2020-EOW-R, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sanjay Kumar Dwivedi, J.) Amitesh/-
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