Jharkhand High Court
Rajesh Bahadur Singh vs The State Of Jharkhand ... Opposite ... on 3 January, 2022
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 9700 of 2021
------
Rajesh Bahadur Singh ... Petitioner
Versus
The State of Jharkhand ... Opposite Party
------
CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioners : Mr. R.S. Mazumdar, Sr. Advocate For the State : Mr. Shiv Shankar Kumar, Addl. P.P. For the Informant : Mr. Anil Kumar, Sr. Advocate
------
Order No.02 Dated- 03.01.2022 Heard the parties through video conferencing. Learned Senior Advocate appearing for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after resumption of the Court in physical mode.
In view of the personal undertaking of the learned Senior Advocate appearing for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Katras P.S. Case No.233 of 2021 registered under sections 419/420/467/ 468/471/120B/504/506 of the Indian Penal Code.
The learned Senior Advocate appearing for the petitioner submits that the allegation against the petitioner is that after the death of the father of the informant, the petitioner along with the co- accused persons have sold several plots purchased by the father of the informant on the basis of forged documents. It is also alleged that on the basis of forged papers, Ajay Singh got sanctioned loan for his company being Damodar Valley Hard Coke Product Limited after depriving the informant of his share and they are threatening the informant of dire consequences and will disposes him from his land and will implicate him in a false case. It is further submitted that the allegations against the petitioner are all false and the dispute between the parties is at best a civil dispute which has been given the cloak of criminal offence without any rhyme or reason. It is next submitted that the claim of the informant that the signature of the father of the informant namely Sarabjit Singh is not appearing in the deed of retirement from partnership a copy of which has been kept at page nos. 36-37 of the brief, is out and out false, as in fact, the father of the informant voluntarily signed the same and the informant is claiming the same after an inordinate delay of about 30 years as the said deed of retirement of partnership was executed on 10.05.1991. It is next submitted that the co-accused -Ajay Singh @ Ajai Singh has submitted a complaint to the Senior Superintendent of Police, Dhanbad on 31.07.2021 and to save his skin from the same, this false case has been foisted by the informant. It is then submitted that the informant also filed Complaint Petition Case No. 1070 of 2019 in the court of learned Sub-Divisional Judicial Magistrate, Dhanbad, against the co-accused -Ajay Singh and Rajesh Bahadur Singh and therein he also made the allegations as made in the complaint but the learned Magistrate took cognizance for the offences punishable only under section 323/504/34 of the Indian Penal Code. It is next submitted that the co-accused -Ajay Singh has lodged Katras P.S. Case No. 252 of 2021 against the informant and others as they indulged in extortion of Rs.5,00,000/- from the co- accused. It is then submitted that the informant is having several criminal antecedents including being involved in a case of abduction and rape of a minor girl. It is lastly submitted that the petitioner undertakes to cooperate with the investigation of the case and also undertakes that he will not annoy or disturb the informant in any manner during the pendency of the case. It is lastly submitted that the co-accused person has already been given the privilege of anticipatory bail by this Court vide order dated 22.12.2021, in A.B.A. No. 9536 of 2021. Hence, it is submitted that the petitioner be also given the privilege of anticipatory bail.
Learned Addl. P.P. and the learned Senior Advocate appearing for the informant opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he 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 S.D.J.M., Dhanbad, in connection with Katras P.S. Case No.233 of 2021 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that he will not annoy or disturb the informant in any manner during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C. (Anil Kumar Choudhary, J.) Sonu/Gunjan-