Abha Bhattacharjee And Others vs State Of Jharkhand

Subhash Chand, J

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 Adityapur P.S. Case No.271 of 2021 registered under Sections 323, 324, 379, 384, 406, 420, 425, 467 and 471 of the Indian Penal Code pending in the court of learned Chief Judicial Magistrate at Saraikella.

As per the prosecution version, the accused agreed to sell the property in question in consideration of Rs.85.00 lakhs to the complainant with certain terms and conditions. The accused- Abha Bhattacharjee set the terms, after receiving an amount of Rs.53.00/- lakhs in advance and on 10.08.2013, an Agreement was executed to that effect. Subsequently, the sale deed was executed, showing consideration of Rs.12,56,980/-. After execution of the sale deed, the accused had delivered possession of the property in question to the complainant. The accused- Abha Bhattacharjee had received an extra amount of Rs.11,14,501/-, which was against the terms of Agreement. After taking delivery of the property in question, the name of the complainant was also mutated before the concerned Authorities. Accordingly, this FIR was lodged.

Learned counsel for the applicants has submitted that applicants are innocent and have been falsely implicated in this case with ulterior motive. As per the prosecution version, the sale deed was executed and possession of the property in question was also delivered and the name of the complainant was also mutated before the concerned Authorities on the basis of sale deed. As per the FIR, no alleged offence is made out against the applicants. He further submits that if there was any breach of contractual terms, the remedy was available to the complainant in civil side. He further states that the applicants are having no criminal antecedents and would abide by the terms and conditions laid down by this Hon’ble Court.

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, let the applicants namely Abha Bhattacharjee, Satyajeet Bhattacharjee and Reema Bhattacharjee @ Rima Banerjee, involved in the aforesaid case, be released on anticipatory bail, on their furnishing bail bonds of Rs.50,000/-(Rupees Fifty Thousands only) each with two sureties of the like amount each to the satisfaction of the court concerned on the following conditions :-

i. The applicants shall make themself available for interrogation by a police officer as and when required.

ii. The applicants shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or any police officer or tamper with the evidence.

iii. The applicants shall not leave India without the prior permission of the concerned Court.

iv. In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.

v. The applicants shall co-operate in the trial before the court below and in case of non-cooperation, the trial court would be at liberty to cancel the bail of the applicants without any reference to this Court.