The High Court of Jharkhand granted anticipatory bail to the petitioner in connection with an FIR alleging a loan dispute, directing him to surrender and apply for bail within four weeks.
Petitioner granted anticipatory bail directed to surrender within four weeks and apply for bail to C.J.M., Palamau.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. B. A. No. 289 of 2020
Karar Hussain @ Karar Ansari … … Petitioner Versus
1.The State of Jharkhand 2.Tabsun Tarna Khatun … … Opposite Parties
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. Sheo Kumar Singh, Advocate For the Opposite Party No. 1 : Mrs. Niki Sinha, A.P.P. For the Opposite Party No. 2 : None
4/08.10.2020 Heard Mr. Sheo Kumar Singh, learned counsel for the petitioner and Mrs. Niki Sinha, learned A.P.P. for the State. None appears on behalf of opposite party no. 2 in spite of valid service of notice.
The petitioner is apprehending his arrest in connection with Rehla P.S. Case No. 30 of 2019.
It has been alleged that the petitioner was given a friendly loan of Rs. 1,60,000/- by the husband of the complainant. The loan was never returned back. Although, the learned counsel for the petitioner has stated about the loan having been returned, but the same is doubtful in view of the statement of witnesses etched in the impugned order. However, at the same time, it appears that the complaint case has been filed after a considerable delay and in respect of the recovery of loan amount there is other remedy available under the law.
On consideration of the above, 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 four weeks and pray for bail, and in that event, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned C.J.M., Palamau in connection with Rehla P.S. Case No. 30 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
This application stands allowed.
(Rongon Mukhopadhyay, J)
R. Shekhar Cp 3
1 issue framed by the court
Whether the petitioner is eligible to be granted anticipatory bail in connection with the pending F.I.R.
1 provisions across 1 enactments
Karar Hussain @ Karar Ansari
The State of Jharkhand
Tabsun Tarna Khatun
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court