Allowed

Alok Kumar Singh v. the State of Jharkhand

Jharkhand HC4 May 2022B.A./2498/2022

Case brief

AI extract

What is this about?

This bail application was filed by Alok Kumar Singh in connection with a case involving allegations of misappropriation of land consideration. The applicant claimed he passed over consideration and challenged the revocation notice validity. The court allowed the bail application.

What did the court decide?

The bail application is allowed; release on bail on furnishing bond of Rs.50,000 with two sureties of like amount.

Alok Kumar Singh Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 2498 of 2022

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Alok Kumar Singh ….. Petitioner Versus The State of Jharkhand …. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate For the State : Mr. Ashutosh Anand, A.P.P For the Complainant ; Mr. Rahul Pandey, Advocate

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4/04.05.2022 Heard learned Sr. counsel for the applicant and learned APP for the State and learned counsel for the informant.

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The bail application has been filed on behalf of the abovenamed applicant with a prayer to release on bail in connection with Complaint Case No.795/2013 under sections 409,420,467,468,471,120B/34 of the IPC, pending in the court of learned Judicial Magistrate, 1^st Class, Ranchi.

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Learned Sr. counsel for the applicant has submitted that FIR of this case was lodged by the complainant against the three named accused including the applicant with these allegations that the complainant had executed power of attorney in regard to his own land in favour of the accused Alok Kumar Singh. The accused Alok Kumar Singh had sold the same to Raj Kishore Singh and Smt. Chinta Singh by executing two sale deeds of the same without passing over the consideration of the same to the complainant. The complainant had also revoked the power of attorney which he had executed in favour of the Alok Kumar Singh. The notice of the same was also served to him despite revocation of power of attorney, he had executed the sale deeds and had misappropriated the whole of the consideration of the sale. Accordingly the FIR was lodged.

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Learned Sr. counsel for the applicant has further submitted that admittedly the power of attorney was executed by the complainant in favour of the applicant Alok Kumar Singh and it is alleged that Alok Kumar Singh had executed two sale deeds in favour of Raj Kishore Singh and Smt. Chinta Singh. The applicant had never received any notice of revocation of the alleged power of attorney. It is further submitted that he had passed over the consideration partly in cash and partly through demand draft to the complainant and civil suit before the

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competent court in regard to cancellation of two sale deeds which were executed on the basis of alleged power of attorney are pending. Moreover the complainant had also further executed the sale deed of the same land. The applicant has been languishing in jail since 07.01.2022.

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Learned APP appearing on behalf of the State and learned counsel on behalf of the informant vehemently opposed the contentions made by the learned counsel for the applicant and contended that the applicant had not passed over the consideration which he had received after execution of the two sale deeds on the basis of power of attorney to the complainant and the anticipatory bail application of the applicant had been rejected up to the Hon’ble Apex Court and the conduct of the accused is thoroughly mala fide.

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In view of the submissions made and the materials on record, the bail application of the applicant is, hereby, allowed. Let the applicant be released on bail on furnishing bail bond of Rs.50,000/- (Rupees fifty thousand) with two sureties of like amount each to the satisfaction of the court concerned in the aforesaid case 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.

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(SUBHASH CHAND, J.)

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tarun

Alok Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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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