Allowed

Anil Kumar Agarwal v. the State of Jharkhand

Jharkhand HC3 Mar 2023A.B.A./1082/2023

Case brief

AI extract

What is this about?

High Court Ranchi granted anticipatory bail to the petitioner apprehending arrest in an extortion case involving a disputed property. The petitioner must surrender, cooperate with investigation, and hand over possession of shops.

What did the court decide?

Anticipatory bail granted with conditions to surrender, hand over possession, furnish bond of Rs. 25,000 with two sureties, and cooperate with investigation.

Anil Kumar Agarwal Vs the State of… — Contract and Commercial Disputes | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1082 of 2023

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Anil Kumar Agarwal .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Dr. Suresh Prasad Debuka .... .... .... Opposite Parties

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioner : Mr. Ajit Kumar, Sr. Advocate For the State : Mr. Shiv Shankar Kumar, Addl.P.P For the O.P. No.2 : Mr. Shailesh Kr. Singh, Advocate

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Order No.04 Dated- 03/03/2023

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Heard the parties.

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Apprehending his arrest in connection with Kotwali P.S. Case No.134 of 2021 instituted under Sections 406, 420, 385 and 120-B of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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Learned senior counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner, in criminal conspiracy with the co-accused persons, demanded extortion from the informant for handing over the possession of two shops for which payment has already been made by the informant. It is submitted that the allegation against the petitioner is false. It is next submitted that the dispute between the parties is basically a civil dispute. It is further submitted that no offence is made out against the petitioner. It is then submitted that the petitioner is ready and willing to handover the vacant possession of five shops including the shops, the possession of which has already been given by the petitioner to the opposite party No.2. It is lastly submitted that the petitioner is ready and willing to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

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Learned counsel for the opposite party No.2 produces the copy of the agreement-cum-money receipt entered into between the parties. Let the same be kept in the record.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail

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to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned C.J.M., Ranchi within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on satisfying the court concerned that he has handed over the vacant possession of five shops including the shops, the possession of which has already been given by the petitioner to the opposite party No.2 and on furnishing bail bond of Rs.25,000/(Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Ranchi in connection with Kotwali P.S. Case No.134 of 2021 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and further conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Anil Kumar Choudhary, J . )

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Animesh/

Anil Kumar Agarwal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Anil Kumar Agarwal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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