Rohit Kumar Singh V. The Union of India through C.B.I.

A.B.A./325/2023

AI Insights

The case involves Rohit Kumar Singh, the petitioner, who is apprehending arrest in connection with a corruption case under the Prevention of Corruption Act and various sections of the Indian Penal Code. The allegations against him include the involvement in obtaining housing loans through forged documents in the name of employees of other private persons, which were credited to the accounts of his companies. The main accused, Smt. Gauri Debi, and other co-accused have been granted bail previously. The court considered the submissions, the precedents cited, and the fact that the charge sheet had already been submitted, leading to the decision to grant anticipatory bail.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 821285 (HC-JHARKHAND)
• Appeal Type: Others
• Pronouncement Date: 01-05-2023
• Assessment Year: misc
• Other Referred Cases: Amanpreet Singh Versus CBI; 2021 SCC OnLine SC 941, Sidhartha Versus State of U.P.; (2022) 1 SCC 676
• Laws Referred To: Indian Penal Code, Prevention of Corruption Act, Code of Criminal Procedure
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: ANIL KUMAR; CHANDANA KUMARI; NITISH SARTHI
• Assessee Lawyers: NILESH KUMAR
• Keywords: Anticipatory bail; Charge Sheet; Custodial interrogation; Forged documents; Housing loan
• Section: 13(2); 13(1)(d); 468; 420; 471; 120B; 438(2); 41A

Judgement Text

"IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 325 of 2023 ------ Rohit Kumar Singh .... .... …. Petitioner Versus The Union of India through C.B.I. .... .... .... Opp. Party CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Nilesh Kumar, Advocate For the C.B.I. : Mr. Anil Kumar, Addl. S.G.I. Ms. Chandana Kumari, Advocate Mr. Nitish Parth Sarthi, Advocate ------ Order No.06 Dated: 01.05.2023 The anticipatory bail application filed on behalf of petitioner, who is apprehending his arrest in connection with R.C.05(A)/2015-R for the offence registered under Sections 120B, 420, 468, 471 of the Indian Penal Code, Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act pending in the Court of learned Special Judge, CBI, Ranchi, is pressed into motion. As per the prosecution case, this petitioner was Director of M/s Gauri Gautam Construction Pvt. Ltd. which obtained 28 housing loan from Punjab National Bank on the basis of forged document in the name of employees of other private persons. The loan proceeds were credited in the account of M/s Gauri Gautam Construction Pvt. Ltd. and Gauri Associates and both the Companies’ Accounts were maintained in PNB, Mango, Jamshedpur. Out of 28 housing loan, 13 housing loans were repaid and the accounts were closed on 16.11.2015 and the outstanding was with respect to 15 loans. It is submitted by the learned counsel on behalf of the petitioner that the main accused in this case is Smt. Gauri Debi who was proprietor of Gauri Associates and one of the Director of M/s Gauri Gautam Construction Pvt. Ltd. Similarly situated co-accused Arun Kumar Singh and Akash Agarwal have already been granted bail by co-ordinate Bench of this Court. After investigation, charge sheet has been submitted and there cannot be any further requirement of custodial interrogation. Instant prayer is made for anticipatory bail application in view of ratio laid down by the Hon’ble Supreme Court in the case of Amanpreet Singh Versus CBI; 2021 SCC OnLine SC 941, Sidhartha Versus State of U.P.; (2022) 1 SCC 676 Learned Additional S.G.I. has opposed the prayer for bail. It is submitted that loans were obtained by forged document and after investigation, charge sheet has been submitted. Considering the submissions made, the anticipatory bail application is allowed. Accordingly, the petitioner, above named, is directed to surrender before the learned Trial Court within a period of two weeks and in the event of his arrest or surrender, he shall be released on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties of the like amount each to the satisfaction of the Court below, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and one of the bailors will be Income Tax payee. The petitioner will co-operate in the investigation and will appear under Section 41A Cr.P.C. as and when required and comply with the condition as laid down under Section 438(2) of the Cr.P.C. (Gautam Kumar Choudhary, J.) Anit "