Jharkhand High Court
Neha Sandilya vs The State Of Jharkhand. .. ... ...Opp. ... on 5 August, 2022
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. B. A. No. 3617 of 2022
Neha Sandilya . .... .. ... Petitioner(s)
Versus
The State of Jharkhand. .. ... ...Opp. Party(s)
...........
CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........
For the Petitioner : Mr. Jitendra Singh, Advocate
For the State : Mrs. Priya Shrestha, APP
For the Informant : Mr. Sahay Gaurav Piyush, Advocate ......
04/ 05.08.2022. Apprehending her arrest, petitioner above-named has moved this Court for grant of privilege of anticipatory bail in connection with Chutia P. S. Case No.120 of 2019 for the offence registered under Sections 406/ 420/ 120(B)/ 34 of the Indian Penal Code.
Heard the parties.
It is submitted by learned counsel for the petitioner that as per the prosecution case, the informant is resident of Ranchi and he is the owner of a Hotel, namely, "Rahi" and in the said Hotel the proprietor Rose Quartz Entertainment, Neha Sandilya and her mother, Sudha Tiwary stayed there and they have cheated Rs.25 Lakhs in the name of making a Bhojpuri Film, 'Sere Hindustan', but they did not make the said film, rather for making another film, "Manu Ka Surrender", they have taken Rs.65 Lakhs from him, as such, they tried to cheat the informant by changing the name of film as Lohardaga, but could not succeed in the same.
It is further submitted by the learned counsel for the petitioner that altogether six criminal cases have been lodged by the informant against the petitioner and the petitioner has been granted anticipatory bail vide A.B.A. No.5518 of 2019 arising out of Chutia P. S. Case No.143 of 2018 subject to payment of Rs.10 Lacs. Further in compliance of the said order, Rs.10 Lakhs was deposited through Bank draft and the same was received by the informant. It is further submitted that a series of cases have been filed by the informant, as a result of which, the petitioner could not surrender before the Court below in Chutia P. S. Case No.143 of 2018. Further there was some direction by the learned court below in A.B.P. No.360 of 2019, it is submitted that the order itself was speaking and there had not been an order of injunction of screening the film. It is not disputed by the petitioner that the petitioner is the co-producer of the film. It is submitted that the accounts with regard to it cannot be settled in a criminal proceeding It is further submitted that the agreement of co-production was terminated in the year 2018 before launching of the Film- Lohardaga, but the film had been completed by them, It is further submitted that with regard to financial dispute, the -2- informant has filed one Civil Suit for which legal notice has been served upon the petitioner.
Learned APP for the State assisted by learned counsel for the informant has vehemently opposed the prayer, It is submitted by the learned counsel for the informant that the informant has suffered a great financial loss to the tune of Rs.65 Lakhs in total .
Hence, in the event of his arrest or surrender within a period of two weeks from the date of this order, the petitioner named above shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, subject to the conditions laid down under Section 438(2) Cr. P.C. The petitioner will co-operate in the investigation and will appear on notice under Section 41 A of Cr.P.C. and comply with the condition as laid down under Section 438(2) of the Cr.P.C.
(Gautam Kumar Choudhary, J.) Sandeep/