Allowed

Ayodhya Kumar Dubey v. the State of Jharkhand

Jharkhand HC5 Nov 2020A.B.A./2084/2020

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner in a cheating case involving alleged land fraud. Bail is conditional upon surrender, deposit of a partial amount via draft, and full payment of an undertaking amount within a specified period. Failure to comply may result in bail cancellation.

What did the court decide?

Anticipatory bail granted subject to surrender, deposit of Rs. 2,00,000/- via draft, and payment of the remaining Rs. 3,00,000/- within two months.

Ayodhya Kumar Dubey Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 2084 of 2020

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Ayodhya Kumar Dubey … ... Petitioner

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Versus

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The State of Jharkhand 2. Kalawati Kunwar … … Opp. Parties

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CORAM: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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-------For the Petitioner : Mr. D.K. Chakraverty, Advocate For the State : Mr. Nikhil Sinha, A.P.P. For the O.P. No. 2 : Mr. S.K. Singh, Advocate --------

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Order No. 05: Dated: 5^th November, 2020

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Heard the parties.

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Defect no. 9(i), as pointed out by the office, is ignored.

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The petitioner apprehends his arrest in connection with Complaint

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Case No. 1068 of 2017.

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It has been alleged that the petitioner had got registered four decimals of land in the name of the complainant and Rs. 7,00,000/- was paid to the petitioner. Later on the complainant could come of know that the land in question did not belong to the petitioner.

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The petitioner appears to be the power of attorney holder of one Shatrughan Ojha. Learned counsel for the petitioner at the outset has submitted that the petitioner is ready to deposit an amount of Rs. 5,00,000/- if three months’ time is allowed to the petitioner.

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Mr. S.K. Singh, learned counsel for the O.P. No. 2, does not have any objection to the said proposal forwarded by the learned counsel for the petitioner.

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On consideration of the submission advanced by the learned counsels for the respective parties, I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is directed to surrender in the court below within a period of four weeks from today along with the draft(s) of Rs. 2,00,000/-and in that event, he will be enlarged on bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st class, Palamau at Daltonganj,

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in connection with Complaint Case No. 1068 of 2017, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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So far as the balance amount of Rs. 3,00,000/-, as undertaken by the learned counsel for the petitioner, is concerned he is directed to make payment of the same before the learned court below within a period of two months from the date of the deposit of the first installment of Rs. 2,00,000/as indicated above. The amount which is to be deposited by the petitioner should be by way of a draft drawn in the name of the complainant.

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If the petitioner adheres to the undertaking given before this Court the learned court below shall issue notice to the opposite party no. 2 and on proper verification shall hand over the draft(s) to the opposite party no. 2. It is further made clear that if the petitioner after the initial deposit of Rs. 2,00,000/- fails to deposit the balance amount of Rs. 3,00,0000/- within the stipulated period as indicated above the complainant/opposite party no. 2 shall always be at liberty to make a prayer for cancellation of the bail granted to the petitioner. The deposit of the draft(s) as indicated above shall be without prejudice to the rights of the petitioner and shall be subject to the final decision of the case.

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This application stands allowed with the aforementioned observations.

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(Rongon Mukhopadhyay, J.)

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Ayodhya Kumar Dubey v. the State of Jharkhand

Case brief

What is this about?

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Ayodhya Kumar Dubey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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