The High Court of Jharkhand granted anticipatory bail to the accused in a cheating and criminal conspiracy case, releasing them on bail bond and sureties subject to conditions of cooperation and absence from the investigation.
The applicants were granted anticipatory bail on furnishing a bail bond of Rs. 25,000 each with two sureties of like amount.
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. 3693 of 2022
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
For the Petitioners : Mr. Sarvendra Kumar, Advocate For the State : Mrs. Kumari Rashmi, A.P.P
5/22.07.2022 On prayer of learned counsel for the applicants, the defects as pointed out by the office is hereby ignored.
Heard learned counsel for the applicants and learned A.P.P. for the State.
This anticipatory bail application has been filed on behalf of the abovenamed applicants seeking anticipatory bail in connection with Chatra Sadar P.S. Case No.385 of 2020, registered under Sections 406/420/504/506 of the Indian Penal, pending in the court of learned Chief Judicial Magistrate, Chatra.
Learned counsel for the applicants has submitted that the FIR of this case was lodged against 5 named accused including the applicants with these allegations that all the named accused persons have agreed to sell the land of Plot No.166, Khata No.15, area 0.97 acre in consideration of Rs.9,60,000/and the agreement was executed on 18.12.2015. The amount of Rs.1 lac was paid and rest of the amount was agreed to be paid on the date of execution of sale deed. On 28.03.2016, it came to know that the land in question belonged to Majada Khatoon, the mother of the present applicants. The applicants having played fraud had defalcated the amount of Rs.1 lac of the informant.
Learned counsel for the applicants has submitted that the applicants are innocent and have been falsely implicated in this case. They are ready to sell the land in compliance of the agreement to sale. The applicants have been implicated in this case with intent to humiliate them and are having no criminal antecedents. The applicants are willing to abide all the conditions if enlarged on anticipatory bail.
Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicants.
In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State.
Without expressing any opinion on the merits of the case, the applicants are entitled to be released on anticipatory bail, at this stage.
In the event of arrest, the above named applicants involved in the aforesaid case be released on anticipatory bail, on their furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the court concerned on the following conditions :-
(Subhash Chand, J.)
Tarun
3 issues framed by the court
Whether the applicants are entitled to anticipatory bail in connection with the FIR.
Whether the court should grant anticipatory bail without expressing opinion on the merits.
What conditions should be made for the grant of anticipatory bail.
1 provisions across 1 enactments
Md. Ekram
Md. Ishlam @ Md. Islam Mian
The State of Jharkhand
SUBHASH CHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
