Jharkhand High Court
Md. Aslam Ansari vs Central Bureau Of Investigation Having ... on 20 September, 2024
Author: Sanjay Kumar Dwivedi
Bench: Sanjay Kumar Dwivedi
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 6085 of 2024
Md. Aslam Ansari, S/o- Mohammed Samiruddin
Ansari, aged about 36 years, R/o- At Gourandi, Hottda,
Bypass, P.O and P.S-Baraboni, Dist- Asansol, West
Bengal.
..... ... Petitioner
Versus
Central Bureau of Investigation having its office at
Dindayal Nagar, Morabadi, P.O.-Morabadi, P.S.-Lalpur,
District-Ranchi.
..... ... Opposite Party
--------
CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------
For the Petitioner : Mr. P.C. Roy, Advocate.
For the CBI : Mr. Anil Kumar, A.S.G.I.
: Ms Chandana Kumari, A.C. to A.S.G.I.
------
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
R.C. Case No. 65(S)/2017-EOW-R, for the alleged offences under
Sections 120-B read with Section 409 and 420 of the Indian Penal Code
and Sections 4 and 6 of the Prize Chits and Money Circulation Scheme
(Banning) Act, 1978, pending in the court of learned S.D.J.M.-cum-
Special (J.M.), Dhanbad.
3. Learned counsel for the petitioner submits that the petitioner
is the non-functioning Director of the accused-company namely, Relier
Industries Ltd. He further submits that name of the petitioner was not
added as an accused however after completion of investigation in the
second chargesheet by way of supplementary chargesheet the name of the
petitioner has come. He then submits that C.B.I. has submitted
chargesheet and petitioner has cooperated in the investigation. He then
submits that there is no chance of tampering with any evidence during
pendency of 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 by deceiving the regulatory authorities, Shree
R.P. Pandey pledged the property in question under the Relier Debenture
Trust, in which Shree Ram Prawesh Pandey and the petitioner were
trustees and after making criminal conspiracy with each other executed a
debenture trust deed.
5. Considering that the petitioner has cooperated in the
investigation, chargesheet has been submitted, 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 S.D.J.M.-cum-Special (J.M.), Dhanbad, in connection with R.C.
Case No. 65(S)/2017-EOW-R, subject to conditions as laid down under
Section 438(2) of the Code of Criminal Procedure.
(Sanjay Kumar Dwivedi, J.)
Amitesh/-
