The High Court ordered the petitioner's release on bail on furnishing a bond of Rs. 10,000 with two sureties for offences under Sections 420, 409, and 406 IPC.
Directing petitioner to be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5119 of 2020
Kaushal Khemkha ... Petitioner Versus The State of Jharkhand … Opposite Party --CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY Through Video Conferencing
--For the Petitioner : Mr. Indrajit Sinha, Advocate For the State : Mr. Shekhar Sinha, P.P. For the Informant : Mr. Suraj Kumar, Advocate --- Order No. 04 Dated 05th November, 2020
I.A. No. 4359 of 2020
This interlocutory application is not pressed by the learned counsel for the petitioner in view of fact that I.A. No. 4277 of 2020 has already been disposed of.
I.A. No. 4359 of 2020 stands disposed of.
B.A. No. 5119 of 2020
Heard the learned counsel appearing for the respective parties.
The petitioner is an accused in connection with Kotwali P.S. Case No. 40 of 2018 (G.R. No. 1086 of 2018).
It has been alleged that the petitioner and the informant were known to each other since long and on a request for a loan for expanding his business the total amount of Rs. 1,09,25,500/- was given by the informant to the petitioner. It has further been alleged that the petitioner had earned some gains in the loan taken from the informant, but he had not shared the same with the informant as agreed upon and ultimately a case was instituted being Kotwali P.S. Case No. 40 of 2018 for the offences punishable u/s 420, 409 and 406 of the Indian Penal Code.
It has been stated by Mr. Sinha, learned counsel for the petitioner that the allegations which have been made in the First Information Report are false and concocted. It has further been stated that the petitioner is in custody since 02.03.2019.
Mr. Suraj Kumar, learned counsel for the informant has on the other hand submitted that the petitioner even after taking the loan has neither shared the profit nor has made attempts at return of the loan. He has also referred to an undertaking given by the petitioner before the court below with respect to the return of the amount.
The tenor of the allegations levelled in the First Information Report does indicate that there was a business transaction which led to a loan being extended to the petitioner in installments by the informant and subsequently the same having not been returned, it led to institution of the First Information Report. The petitioner as has been stated above has remained in custody for more than one year eight months.
On consideration of the aforesaid facts, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ranchi in connection with Kotwali P.S. Case No. 40 of 2018 (G.R. No. 1086 of 2018).
(RONGON MUKHOPADHYAY,J.)
MK
1 issue framed by the court
Whether to grant bail to the petitioner in the alleged cheating and criminal breach of trust case.
Kaushal Khemkha
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
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