Krishna Murari Singh v. The State Of Jharkhand

CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR -------- -------- For the Petitioners For the State : Mr. Prashant Kr. Rai, Advocate Mr. Tarun Kumar, APP : -------- Order No. 02 : Dated: 25th January, 2022 The case was heard through video conferencing. None of the parties found any flaws with audibility/visibility during the course of hearing the matter. Heard the parties. Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office. He is directed to remove the defects in due course of time. The petitioners are accused in connection with Giridih (T) P.S. Case No. 243 of 2020, registered under sections 406/ 420/ 384/ 386/ 323/ 504/ 506/ 447/ 34 of the Indian Penal Code, pending in the Court of learned C.J.M., Giridih. Learned defense counsel appearing for the petitioners has submitted that the allegations against the petitioners are that the petitioner no.1 along with the four accused persons had entered into an agreement for the sale of their landed property to the informant arising out of the agreement in which a sum of Rs.

10,00,000/- was taken by them out of Rs 62,32,100/- but neither the money was returned nor the landed property was sold and sale deed was executed by the sellers. Learned counsel for the petitioners submitted that the entire allegations are false and fabricated because the informant people had never been interested in making payment of the rest of the amount and, therefore, neither the land was sold nor the sale deed was executed and after the elapse of agreed period of time as per the contents of the agreement, this false case has been instituted against the petitioner no.1 and his son petitioner no.2 including the extortion (rangdari) along with cheating but the allegations have been falsified after completion of the investigation and the chargesheet has been submitted for the offences punishable u/s 406/ 323, 341, 504, 506, 447 and 34 of IPC and the allegations of the extortion and rangdari has not been found true.

It has further been submitted by the learned defence counsel that as a matter of fact the informant people are not ready and willing to make payment of the rest of the amount and therefore rest part of the agreement was not executed and the dispute is of civil nature arising out of the agreement, if any, for the specific performance of the contract and no criminal offence is made out. Further, it has been pointed out that the petitioner no.2 – Golu Singh @ Tarun Kumar Singh is quite innocent boy and a student and he has been falsely implicated in this case although he was not a not a party of the agreement. It has been pointed out that the charge sheet has been submitted in this case and possibility of tampering the evidence in future is very remote. The petitioners are in jail custody since 29.08.2021. On the other hand, learned A.P.P. appearing for the State is opposed the prayer for bail of the petitioners.

Having taken into consideration the submissions of the parties under the facts and circumstances of the case, on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) by each of the petitioner(s) with two sureties of like amount each to the satisfaction of learned C.J.M., Giridih in connection with Giridih (T) P.S. Case No. 243 of 2020 the petitioners, above named, are directed to be released on bail, subject to the conditions that an undertaking supported by affidavit shall be furnished to the concerned court on behalf of the petitioners consisting of the declarations that they will cooperate in the trial and they will appear before the court as and when required, further a copy of their Aadhar Card, residential address and mobile number shall also be submitted to the concerned court and they will not change the same without informing the court and further they will not tamper the evidences in this case, inter alia, either by inducement, promise or any threatening to the witnesses and they will not commit such offence during the pendency of this case along with other conditions as laid down under Section 439 of Cr.P.C. MM (Navneet Kumar, J.)