Allowed

Alok Kumar Alias Alok Kumar Singh v. the State of Jharkhand

Jharkhand HC11 Sept 2020A.B.A./2753/2020

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to an accused in a complaint case involving alleged non-payment of transportation dues. The court held that the allegations amounted to a civil dispute rather than criminal culpability, requiring civil remedies. The petitioner was directed to surrender within four weeks to be released on bail.

What did the court decide?

Anticipatory bail granted; petitioner directed to surrender within four weeks and provide bail bond of Rs. 10,000 with two sureties.

Alok Kumar Alias Alok Kumar Singh Vs the… — Contract and Commercial Disputes | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2753 of 2020

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Alok Kumar @ Alok Kumar Singh … … Petitioner Versus

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The State of Jharkhand

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M/s Jain Transport Agency, through its Branch Manager, Mr. Shailendra Kumar Mishra @ Sonu Mishra. … … Opposite Parties

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY Through- Video Conferencing

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------- For the Petitioner : Mr. P.K. Deomani, Advocate For the State : Ms. Vandana Bharti, A.P.P. For the O.P. No. 2. : Mr. Yogesh Modi, Advocate

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02/11.09.2020 Heard Mr. P.K. Deomani, learned counsel for the petitioner and Ms. Vandana Bharti, learned A.P.P. for the State as well as Mr. Yogesh Modi, learned counsel appearing for the opposite party no. 2.

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

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The petitioner has prayed for grant of anticipatory bail, as he is apprehending his arrest in connection with Complaint Case No. 1236/2019.

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The complainant is engaged in the business of transportation and the petitioner was the C&F agent of the accused no. 2. It has been alleged that the complainant has been transporting Tyres from the godown of the petitioner to the various dealers. Certain dues to the tune of Rs. 3,21,405/- accrued regarding transportation charges but the same was not paid by the petitioner as per the allegations.

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Mr. Yogesh Modi, learned counsel appearing for the opposite party no. 2 submits that the petitioner had undertaken to make payment of the transportation charges and even at the time of mediation the petitioner was agreeable only to compromise the matter by making payment of Rs. 1,00,000/- although an amount of Rs. 3,21,405/- is due from the petitioner. It has also been submitted that at the time of termination of the C&F agreement the petitioner had

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-2-

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received from the company a huge amount for settlement of the dues of the various vendors, transporters etc., but in spite of the same the petitioner had kept a substantial amount belonging to the opposite party no. 2.

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On consideration of the gamut of allegations levelled against the petitioner the same does not indicate criminal culpability. The allegations are centered around the nonpayment of dues to the opposite party no. 2 by the petitioner which can at best invite civil consequences.

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In view of the aforesaid, I am inclined to extend the privilege of anticipatory bail to the petitioner. The petitioner is accordingly directed to surrender before the learned court below within a period of four weeks and on such surrender, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ranchi in connection with Complaint Case No. 1236/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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This application stands allowed.

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(R. Mukhopadhyay, J.)

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Alok/-

Alok Kumar Alias Alok Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Alok Kumar Alias Alok Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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