Jharkhand High Court
Md. Aslam @ Md. Asalam vs The State Of Jharkhand on 22 January, 2025
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1513 of 2024
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Md. Aslam @ Md. Asalam, aged about 32 years, s/o Md.
Naim, resident of Village-Rampur, P.O.-Bari, P.S.-Chandwa,
Dist.-Latehar 829203, Jharkhand
… Petitioner
Versus
1. The State of Jharkhand
2. Branch Manager,Jharkhand State Gramin Bank, Sasang
Branch, P.O. & P.S.-Chandwa, Dist.-Latehar, Jharkhand
… Opposite Parties
——
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
——
For the Petitioner : Mr. Shadab Eqbal, Advocate
: Mr. Farhan Kibriya, Advocate
: Mr. Danish Shahbaz, Advocate
: Mr. Haroon Rasheed, Advocate
: Mr. Alok Raj, Advocate
: Mr. Anshuman Om, Advocate
For the State : Mr. Anuj Kr. Trivedi, AC to SC VII
——
Order No.14 Dated- 22.01.2025
Heard the parties.
Apprehending his arrest, the petitioner has moved this
Court for grant of privilege of anticipatory bail in connection with
Chandwa P.S. Case No.182 of 2023 registered under sections 419/
420/406/467/468/471/120B/34 of the Indian Penal Code.
The Learned counsel for the petitioner submits that the
allegation against the petitioner is that the petitioner in collusion
with the co-accused-Abhishek Kumar Singh @ Abhishek Kumar
being the Branch Manager of Jharkhand Rajya Gramin Bank,
Sasang Branch, was responsible for fraudulent transfer of
Rs.91,13,200/- to the account of seven account holders, including
the petitioner himself, by illegally withdrawing the same from
different account of the said bank. It is next submitted that the only
allegation against the petitioner is that a sum of Rs.5,52,701/- was
transferred to the account of the petitioner. It is further submitted
that the allegations against the petitioner are all false and except of
the fact that the petitioner is having a bank account in the
Jharkhand Rajya Gramin Bank, Sasang Branch, the petitioner has
no other association with the bank as the petitioner is a villager by
profession. Drawing attention of this Court to the supplementary
affidavit dated 03.09.2024, it is submitted by the learned counsel
for the petitioner that the petitioner has already transferred the
said entire amount of Rs.5,52,701/- to different persons as per the
instruction of the co-accused-Abhishek Kumar Singh @ Abhishek
Kumar who was the then Branch Manager of Jharkhand Rajya
Gramin Bank, Sasang Branch. Hence, it is submitted that the
petitioner be given the privilege of anticipatory bail.
Learned counsel for the State on the other hand vehemently
opposes the prayer for grant of anticipatory bail and submits that
anticipatory bail of the co-accused persons have been rejected vide
orders dated 11.03.2024, 13.03.2024 and 01.10.2024 in A.B.A. Nos.
38 of 2024, 363 of 2024 and 1123 of 2024 respectively. It is next
submitted by the learned counsel for the State that the custodial
interrogation of the petitioner is required during the investigation
of the case to find out the details of the conspiracy and forgery as
well as cheating as also for recovery of the cheated amount. It is
then submitted by learned counsel for the State that the admission
of the petitioner that as per the instruction of the co-accused, he
has transferred money to the account of the persons other than the
account holders of the bank from whose account the amount has
been transferred to him, shows his complicity with the petitioner.
Hence, it is submitted that the petitioner ought not to be given the
privilege of anticipatory bail.
Considering the serious nature of allegation against the
petitioner and the requirement of custodial interrogation of the
petitioner during the investigation of the case, this Court is not
inclined to give the privilege of anticipatory bail to the petitioner.
Accordingly, the prayer for grant of privilege of anticipatory bail to
the petitioner is rejected.
(Anil Kumar Choudhary, J.)
Sonu/Gunjan-
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