Jharkhand High Court
Deepak Verma vs The State Of Jharkhand .... .... ... on 23 February, 2022
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.1176 of 2022
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Deepak Verma .... .... .... Petitioner
Versus
The State of Jharkhand .... .... ....Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Manoj Kr. No.2, Advocate
For the State : Mr. Ruby Pandey, Addl.P.P
For the Informant : Mr. Pankaj Kumar Dubey, Adv.
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Order No.02 Dated- 23.02.2022
Heard the parties through video conferencing.
Learned counsel for the petitioners undertakes to remove the defects pointed out by the stamp reporter within two weeks after resumption of the court in physical mode.
In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
Apprehending his arrest in connection with Panki P.S. Case No. 113 of 2020 instituted under Sections 419, 420, 409/34 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner has cheated and committed criminal breach of trust by taking of Rs.12 lakhs from the informant for selling the land but the petitioner has neither sold the land nor returned the said money. It is submitted that the allegation against the petitioner is false and the dispute between the parties is basically a civil dispute. Drawing attention of this Court to page no.31 of the brief which is an agreement entered into between the petitioner and the informant, it is submitted that therein, it has been mentioned that and the only allegation against the petitioner is that the petitioner has taken Rs.1 lakh from the informant and the informant is occupying the said land of the petitioner and enjoying the same. It is next submitted that there is no allegation of any dishonest intention on the part of the petitioner at the time of the entrustment of the money. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and undertakes to pay Rs.1,00,000/- without prejudice to his defence in this case to the informant subject to final decision of this case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within six weeks from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.1,00,000/- without prejudice to his defence in this case drawn in favour of the informant and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Palamau at Daltonganj in connection with Panki P.S. Case No. 113 of 2020 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
In case the petitioner deposits the said demand draft, the court below is directed to issue notice to the informant and on her proper identification, the court below shall handover the same to her forthwith.
In case the petitioner deposits Rs.1,00,000/-, learned court below will pass an appropriate order regarding the same at the time of conclusion of trial.
(Anil Kumar Choudhary, J.) Pappu/