Umesh Kumar Ram v. The State of Jharkhand & Anr
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 5116 of 2023 Umesh Kumar Ram … Petitioner Versus The State of Jharkhand & Anr. … Opposite Parties Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner For the State For the O.P. No. 2 : Mr. Arwind Kumar , Adv. : Mr. Arp Kr. Dey , Addl. PP : Mr. Bageshwar Singh, Adv. 03 / 01.12.2023 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No.2387 of 2019 instituted under Sections 420, 406, 506 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Legal Reasoning
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that petitioner has cheated and committed criminal breach of trust by taking Rs.1,00,000/- as advance for selling a land but neither selling the land nor returning the money to the complainant. 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 then submitted that the petitioner undertakes to co-operate with the trial of the case and to pay Rs. 50,000/- to the complainant without prejudice to their defence in this case subject to final decision of the case and co-accused with similar allegations have already been granted privilege of anticipatory bail by this court vide order dated 09.11.2023 passed in ABA no. 8838 of 2023, hence, the petitioner be given the privilege of anticipatory bail on the principle of parity. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 50,000/- by way of demand draft drawn in favour of complainant without prejudice to his defence, subject to final decision in the case and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Ranchi in connection with Complaint Case No.2387 of 2019 subject to the condition that the petitioner will co-operate with the trial of the case along with the other conditions laid down under section 438 (2) Cr. P.C. In case of depositing aforesaid demand draft by the petitioner, learned court below is directed to issue notice to the complainant and release the demand draft in his favour on proper identification forthwith. In case the petitioner deposits the aforesaid demand draft, learned court below will pass an appropriate order regarding the same at the time of conclusion of trial. (ANIL KUMAR CHOUDHARY, J.) Smita/- IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 5116 of 2023 Umesh Kumar Ram … Petitioner Versus The State of Jharkhand & Anr. … Opposite Parties Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner For the State For the O.P. No. 2 : Mr. Arwind Kumar , Adv. : Mr. Arp Kr. Dey , Addl. PP : Mr. Bageshwar Singh, Adv. 03 / 01.12.2023 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No.2387 of 2019 instituted under Sections 420, 406, 506 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that petitioner has cheated and committed criminal breach of trust by taking Rs.1,00,000/- as advance for selling a land but neither selling the land nor returning the money to the complainant. 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 then submitted that the petitioner undertakes to co-operate with the trial of the case and to pay Rs. 50,000/- to the complainant without prejudice to their defence in this case subject to final decision of the case and co-accused with similar allegations have already been granted privilege of anticipatory bail by this court vide order dated 09.11.2023 passed in ABA no. 8838 of 2023, hence, the petitioner be given the privilege of anticipatory bail on the principle of parity. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 50,000/- by way of demand draft drawn in favour of complainant without prejudice to his defence, subject to final decision in the case and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Ranchi in connection with Complaint Case No.2387 of 2019 subject to the condition that the petitioner will co-operate with the trial of the case along with the other conditions laid down under section 438 (2) Cr. P.C. In case of depositing aforesaid demand draft by the petitioner, learned court below is directed to issue notice to the complainant and release the demand draft in his favour on proper identification forthwith. In case the petitioner deposits the aforesaid demand draft, learned court below will pass an appropriate order regarding the same at the time of conclusion of trial. (ANIL KUMAR CHOUDHARY, J.) Smita/- IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 5116 of 2023 Umesh Kumar Ram … Petitioner Versus The State of Jharkhand & Anr. … Opposite Parties Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner For the State For the O.P. No. 2 : Mr. Arwind Kumar , Adv. : Mr. Arp Kr. Dey , Addl. PP : Mr. Bageshwar Singh, Adv. 03 / 01.12.2023 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No.2387 of 2019 instituted under Sections 420, 406, 506 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that petitioner has cheated and committed criminal breach of trust by taking Rs.1,00,000/- as advance for selling a land but neither selling the land nor returning the money to the complainant. 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 then submitted that the petitioner undertakes to co-operate with the trial of the case and to pay Rs. 50,000/- to the complainant without prejudice to their defence in this case subject to final decision of the case and co-accused with similar allegations have already been granted privilege of anticipatory bail by this court vide order dated 09.11.2023 passed in ABA no. 8838 of 2023, hence, the petitioner be given the privilege of anticipatory bail on the principle of parity. The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 50,000/- by way of demand draft drawn in favour of complainant without prejudice to his defence, subject to final decision in the case and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Ranchi in connection with Complaint Case No.2387 of 2019 subject to the condition that the petitioner will co-operate with the trial of the case along with the other conditions laid down under section 438 (2) Cr. P.C. In case of depositing aforesaid demand draft by the petitioner, learned court below is directed to issue notice to the complainant and release the demand draft in his favour on proper identification forthwith. In case the petitioner deposits the aforesaid demand draft, learned court below will pass an appropriate order regarding the same at the time of conclusion of trial. (ANIL KUMAR CHOUDHARY, J.) Smita/-