Jharkhand High Court
Md. Suleman Ansari vs The State Of Jharkhand .... .... .... ... on 7 September, 2021
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.6258 of 2021
------
Md. Suleman Ansari .... .... .... Petitioner
Versus
The State of Jharkhand .... .... .... Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioner : Mr. Lukesh Kumar, Advocate
For the State : Mr. Rajneesh Vardhan, Addl.P.P
------
Order No.02 Dated- 07.09.2021
Heard the parties through video conferencing.
Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.
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 Barwadda P.S. Case No.79 of 2021 instituted under Sections 323, 467, 468, 420, 504, 506, 120 (B) 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 co-accused- Sanjay Mahto took in total Rs.8,50,000/- from the husband of the informant for selling the land of the petitioner thereafter the petitioner purchased the stamp paper and pre- registration docket of Token and when the documents were produced before the Registrar, then the Registrar made objection by saying that the Khata Number and plot number is wrong in the documents and thus, it is alleged that the petitioner has cheated the informant. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner has no concern with the said co-accused- Sanjay Mahto. It is further submitted that there is no allegation against the petitioner of entrustment of any money to him. It is also submitted that the petitioner purchased the said land through Sale- Deed No.26921 dated 26.12.1970 and the land has been mutated in favour of the petitioner vide Mutation Case No.9993/IV/11-12 in the Circle Office of Govindpur Circle, Dhanbad. It is further submitted that there is no defect in the title of the petitioner and the dispute between the parties is basically a civil dispute. It is lastly submitted that the petitioner is ready and willing to co- operate with the investigation of the 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 of learned J.M.-1st Class, Dhanbad within six weeks from today and in the event of his arrest or surrendering, 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 J.M.-1st Class, Dhanbad in connection with Barwadda P.S. Case No.79 of 2021 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 further conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J.) Animesh/