Facts of the Case
The petitioner, Rohan Kumar, apprehended arrest in
connection with Argora P.S. Case No. 59 of 2026 and approached the High Court
of Jharkhand seeking anticipatory bail.
As recorded in the order, the allegation was that
the petitioner and another accused had expressed their desire to take the
informant’s house on rent. Under the garb of preparing a rent agreement, they
allegedly obtained the informant’s PAN Card, Aadhaar Card, electricity bill and
other documents.
The informant subsequently came to know that the
documents had allegedly been misused and that a GST account and a current
account had been opened in the informant’s name.
Issues
Involved
The principal issues before the Court were:
- Whether the petitioner was entitled to the privilege of
anticipatory bail in a case involving allegations of fraudulent
procurement and misuse of the informant’s identity documents.
- Whether the petitioner’s contention that the allegations had not
been found correct during investigation was sufficient to justify
anticipatory bail.
- Whether the material referred to in paragraphs 7 and 8 of the case
diary, as mentioned in the impugned order dated 07.05.2026, disclosed
sufficient prima facie material against the petitioner.
- Whether the alleged preparation of a forged GST account and current
account in the informant’s name justified refusal of anticipatory bail.
Petitioner’s
Arguments
Learned counsel for the petitioner submitted that
the allegations against the petitioner had not been found to be correct during
the course of investigation.
On that basis, the petitioner sought protection
from arrest and extension of the privilege of anticipatory bail.
Respondent’s
Arguments / State’s Position
The State opposed the petitioner’s plea for
anticipatory bail through the learned Additional Public Prosecutor.
The Court took note of paragraphs 7 and 8 of the
case diary, as referred to in the impugned order dated 07.05.2026. According to
the Court’s recording, the material indicated that the petitioner and the
co-accused had fraudulently procured the informant’s identity cards and papers
and had prepared a forged GST account as well as a current account in the
informant’s name.
Court’s
Findings
The High Court found that, notwithstanding the
petitioner’s submission that the allegation had not been found correct during
investigation, the material emerging from paragraphs 7 and 8 of the case diary,
as mentioned in the impugned order dated 07.05.2026, indicated alleged
fraudulent procurement of the informant’s identity cards and documents.
The Court specifically noted the allegation that
the petitioner and co-accused had prepared a forged GST account as well as a
current account in the informant’s name.
Having regard to these circumstances, the Court was
not inclined to extend the privilege of anticipatory bail to the petitioner.
Court Order
The High Court of Jharkhand rejected the
petitioner’s application for anticipatory bail.
The operative finding was that, considering the
material referred to from the case diary concerning alleged fraudulent procurement
of identity documents and preparation of a forged GST account and current
account in the informant’s name, the petitioner was not entitled to the
privilege of anticipatory bail.
Important
Clarification
The order is significant because the Court did not
accept the petitioner’s submission regarding the alleged incorrectness of the
accusation during investigation as sufficient, by itself, to warrant
anticipatory bail. The Court instead considered the specific case-diary
material referred to in the impugned order.
The judgment concerns the rejection of
anticipatory bail and should not be read as a final adjudication of guilt
or innocence. The observations arise in the context of deciding the
anticipatory bail application.
A further important factual feature is that the
alleged misuse of documents was linked to documents initially obtained under
the pretext of preparing a rent agreement, followed by the alleged opening of a
GST account and current account in the informant’s name.
Sections
Anticipatory Bail Jurisdiction: The matter arose as an anticipatory bail application in A.B.A. No. 2848
of 2026.
Important note on statutory sections: The one-page order does not expressly specify the particular penal sections invoked in Argora P.S. Case No. 59 of 2026. Therefore, no specific IPC/BNS or GST statutory section should be attributed to the case without verification from the FIR, bail application, or connected case records.
Link to
download the order -https://www.mytaxexpert.co.in/uploads/1783068616_426compressed.pdf
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