Mukesh Ansari @ Md. Mukesh Miyan vs Central Bureau Of Investigation ..... ...
2024 Latest Caselaw 9377 Jhar

Jharkhand High Court

Mukesh Ansari @ Md. Mukesh Miyan vs Central Bureau Of Investigation ..... ... on 20 September, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

       IN      THE HIGH COURT OF JHARKHAND AT RANCHI
                            A.B.A. No. 6138 of 2024
      Mukesh Ansari @ Md. Mukesh Miyan, Aged about 40
      years, S/O- Ismail Mia, R/O- Village Bajhikendra, P.O-
      Bena, P.S- Jantara, District- Jamtara.
                                                       .....   ... Petitioner
                                    Versus
      Central Bureau of Investigation                  ..... ...      Opposite Party
                                 --------

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Pratiyush Lala, 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 the learned counsel for the petitioner as well as the
       learned counsel for the respondent CBI.

2. The petitioner is apprehending his arrest in connection with R.C. Case No.42(S)/2017/EOW/Ranchi, registered for the alleged offence under Sections 406, 420, 467, 468, 471, 120-B of the Indian Penal Code, under Section 3 and 6 of Prize Chits and Money Circulation (Banning) Act, 1978 and Section 45(5) of R.B.I. Act, 1934, pending in the Court of the learned S.D.J.M.-cum-Special J.M., CBI, Dhanbad.

3. Learned counsel appearing for the petitioner submits that the petitioner is not the Director of the accused company and he is only the employee of the said company. He further submits that charge-sheet has already been submitted and the petitioner has co-operated in the investigation. He also submits that the petitioner will not tamper with evidence, in course of trial.

4. Learned ASGI appearing for the CBI has opposed the prayer on the ground that the petitioner is the employee of the accused- company and innocent persons have been cheated.

5. Considering that the charge-sheet has already been submitted and the petitioner has co-operated in the investigation and he will not tamper with evidence, in course of trial and further considering the judgments passed by the Hon'ble Supreme Court in the case of Satender Kumar Antil v. Central Bureau of Investigation and another, reported in (2022) 10 SCC 51 and in the case of Siddharth v. State of Uttar Pradesh and another, reported in 2021 SCC OnLine

SC 615 and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of his arrest or surrender, 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 S.D.J.M.-cum-Special J.M., CBI, Dhanbad in connection with R.C. Case No.42(S)/2017/EOW/ Ranchi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar Dwivedi, J.) Amitesh/-