Jharkhand High Court
Prem Kumar Sahu vs The State Of Jharkhand & Anr. ... ... on 22 February, 2022
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1130 of 2022
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Prem Kumar Sahu ... Petitioner
Versus
The State of Jharkhand & Anr. ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Nilesh Kumar, Advocate
For the State : Mr. P.D. Agrawal, Spl. P.P.
For O.P. No.2 : Mr. Gaurav, Advocate
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Order No.02 Dated- 22.02.2022
Heard the parties through video conferencing.
Learned counsel 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 counsel 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 Khunti P.S. Case No.137 of 2021 (Complaint Case No. 26 of 2021) registered under sections 406/420 of the Indian Penal Code and under Section 138 of N.I. Act.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has taken Rs.12,00,000/- from the informant for his wine business but has cheated and committed criminal breach of trust by not returning the said amount though he issued a cheque of Rs.7,00,000/- in partial payment of the said amount but the cheque was dishonoured. It is further submitted that the allegations against the petitioner are all false and the brother of the informant was alone running the shop, the license of which was in the name of the petitioner and the bother of the informant used to collect the sale proceed of the shop in his own account to till his removal. It is further submitted that the brother of the informant is in debt to the extent of about Rs.50,00,000/- to the petitioner and the petitioner has removed the brother of the informant from his shop because of defalcation made by him hence, this false case has been foisted. It is then submitted that the dispute between the parties is basically a civil dispute relating to financial settlement and such type of litigation is on the rise nowadays. It is then submitted that the petitioner undertakes to pay Rs. 12,00,000/- to the informant while reserving his right to realize the amount due from the brother of the informant, without prejudice to his defence in this case, subject to final decision of the case and undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Spl. P.P. and the learned counsel for the opposite party no.2 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 four months from the date of this order, he shall be released on bail on depositing a demand draft of Rs. 12,00,000/- drawn in favour of informant while reserving his right to realize the amount due from the brother of the informant and without prejudice to his defence in this case, subject to final decision of the case and 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 C.J.M., Khunti, in connection with Khunti P.S. Case No.137 of 2021 (Complaint Case No. 26 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 subject to the conditions laid down under section 438 (2) Cr. P.C. In case, the petitioner deposits the aforesaid demand draft, the court below is directed to issue notice to the informant and hand over the said demand draft to her, after proper identification.
At the time of conclusion of the trial, the trial court will pass appropriate order regarding the money if any, deposited by the petitioner with the informant in connection with this case.
(Anil Kumar Choudhary, J.) Sonu/Gunjan-