Single Judge bail application allowed for petitioner arrested under Section 409 IPC. Order grants bail subject to depositing outstanding loan amount and conditions of appearing in trial and not threatening witnesses.
Bail allowed on bond of Rs.30,000 with two sureties, subject to depositing outstanding amount and other conditions.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.13172 of 2021
Ehtramul Haque ..... … Petitioner
Versus The State of Jharkhand …. …. Opp. Party
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
-----For the Petitioner : Mr. A.K. Chaturvedy, Advocate For the State : Mrs. Vandana Bharti, A.P.P. --------
03/03.01.2022 Heard learned counsel for the applicant and learned A.P.P. for
the State.
Learned counsel for the applicant undertakes to remove the defects, as pointed out by the office within a period of one week. This bail application has been filed on behalf of the applicant– Ehtramul Haque with prayer to release on bail in connection with Karon P.S. Case No.06 of 2016 registered under Section 409 of the Indian Penal Code pending in the court of learned Judicial Magistrate, 1st Class, Madhupur.
Learned counsel for the applicant has submitted that the F.I.R. of this case was lodged by the Branch Manager, Deogahr-Jamtara Central Co-operative Bank Limited, Branch Karon with the allegations to carry out the information of the concerned PACS. The Chairman and other members of PACS sanctioned cash credit loan but the same was not paid and the loan amount was outstanding against the applicant and other co-accused. It is further submitted that as per F.I.R. allegations, against the applicant, the amount outstanding was Rs.15,82,010/- and the applicant had deposited Rs.11,91,982/-. Learned counsel for the applicant also submitted that the applicant undertakes to deposit the remaining outstanding amount, as shown against him in the F.I.R., within a period of three months.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that despite depositing the amount of Rs.11,91,982 still the amount of Rs.19,35,000/- is due on part of the applicant, as per memo of evidence received from the police station concerned. It is further submitted that this amount of Rs.19,35,000/- which is shown still due against the applicant, as per case-diary no documentary evidence is available.
In view of the submissions made and material on record, the bail application of the applicant is hereby allowed. Let the applicant be released on bail on furnishing bail bond of Rs.30,000/-(Rupees Thirty Thousand) with two sureties of the like amount to the satisfaction of the court of learned Judicial Magistrate, 1st Class, Madhupur in aforesaid case,
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subject to the conditions that the applicant will not absent himself on the date fixed by the learned trial court and he will also not threaten the witnesses, failing which the learned trial court will be at liberty to cancel his bail without any further reference to this Court.
(Subhash Chand, J.)
Rohit
Ehtramul Haque
The State of Jharkhand
Subhash Chand
As recorded by the court registry
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