Partly allowed

Nand Kishore Gupta v. the State of Jharkhand

Jharkhand HC19 Feb 2019A.B.A./744/2019

Case brief

AI extract

What is this about?

This order grants interim anticipatory bail to petitioners apprehending arrest in a criminal case involving land dispute allegations, conditional upon furnishing a bail bond and appearing before the Investigating Officer.

What did the court decide?

Interim anticipatory bail granted in case Dumka (T) P.S. No.279 of 2018 upon arrest or surrender within four weeks, conditioned on furnishing bond and complying with specified undertakings.

Nand Kishore Gupta Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 744 of 2019

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Nand Kishore Gupta @ Nand Kishore Sah

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Santosh Kumar @ Santosh Gupta … Petitioners Versus The State of Jharkhand … Opposite Party

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. R. Saboo, Advocate For the State : Addl. P.P. For O.P. No.2 : Mr. S. Yunus, Advocate ------

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Order No.02 Dated- 19.02.2019

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Dumka (T) P.S. Case No.279 of 2018 registered under sections 461/379/427/34 of the Indian Penal Code.

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Heard the parties.

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The Learned counsel for the petitioners submits that the allegations against the petitioners are all false. It is next submitted that there is a civil dispute in respect of the place of occurrence land between the informant and the petitioner and the wife of the informant has filed title suit bearing O.A. Suit No.53 of 2018 in the court of Civil Judge, Senior Division, Dumka against the wife of the petitioner no.2. It is also submitted that for the selfsame occurrence, the petitioners have instituted Dumka (T) No.283 of 2018. It is, further, submitted that the allegation against the petitioners are all false and the petitioners undertake that they will not go over or near the place of occurrence until and unless an appropriate order from the competent court of law is passed in their favour. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

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Learned Addl. P.P. assisted by the learned counsel for the opposite party no.2 submits that prior to execution of the sale deed by Smt. Krishna Devi in favour of Smt. Chandanti Gupta dated 14.06.2018 who is the wife of the petitioner no.2, the said Smt.

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Krishna Devi has sold the place of occurrence land in favour of the informant namely Lakshmi Devi Modi vide the sale deed dated 07.04.2017. Hence it is submitted that after selling the land to the wife of the informant by the said Krishna Devi and Rajiv Kumar Tibrewal they do not any right left with them in respect of the said land to transfer the same to the wife of the petitioner no.2 in respect of the place of occurrence land. Hence it is submitted that the petitioner ought not be given the privilege of anticipatory bail.

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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 petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, they shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Dumka, in connection with Dumka (T) P.S. Case No.279 of 2018 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case and also undertakes that they will not go over or near the place of occurrence land until and unless an appropriate order is passed in their favour by a Competent Court of law subject to the conditions laid down under section 438 (2) Cr. P.C.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Nand Kishore Gupta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Nand Kishore Gupta v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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