Amar Nath Saw @ Amar Nath Shaw And Others vs State Of Jharkhand And Others

Subhash Chand, J

At the very outset, learned Counsel for the applicants has submitted that this Anticipatory Bail Applicant is not being pressed on behalf of the applicant No.1-Amar Nath Saw @ Amar Nath Shaw and he is pressing the same on behalf of applicant No.2-Samar Saw @ Samar Shao and applicant No.3-Jadunath Saw .

Heard learned Counsel for the applicants and the learned A.P.P. for the State.

This anticipatory bail application has been filed on behalf of the above-named applicants seeking anticipatory bail in connection with C.P. Case No. 2354 of 2018, registered under Sections 420/406/34 of the Indian Penal Code, pending in the court of the Judicial Magistrate, 1st Class, Dhanbad.

As per allegations made in the complaint that the complainant Gulab Chandra Saw had instituted this complaint against nine named accused including the applicants with these allegations that Amar Nath Saw @ Amar Nath Shaw and Samar Saw @ Samar Shao both had shown Jadunath Saw their father as dead and sold the land measuring area 3 decimals through the sale-deed on 04.07.2018 to Smt. Aarti Mukherjee. The said land was of joint ownership and joint possession. Fraud was played by the accused persons upon the complainant having hatched conspiracy.

Learned Counsel for the applicant has submitted that in the complaint allegation is made against the applicant No.2-Samar Saw and one Amar Nath Saw transferring the alleged land by way of sale-deed after having shown their father as dead while the father is alive, who is applicant No.3 in this Bail Application. It is also further alleged that the dispute between the parties is exclusively of civil nature pertaining to the share in the land in question and the title and authority who transferred the same. The applicants are having no criminal antecedent and have been implicated in this case with object to humiliate them on being arrested by the police.

Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicants.

None appears on behalf of the Informant despite service of notice.

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 applicant No.2-Samar Saw @ Samar Shao and applicant No.3-Jadunath Saw are entitled to be released on anticipatory bail, at this stage. Accordingly, prayer for anticipatory bail of the applicant no.2 and 3 is hereby allowed.

In the event of arrest, let the applicant No.2-Samar Saw @ Samar Shao and applicant No.3-Jadunath Saw be released on anticipatory bail on 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 :-

i. The applicants shall make themselves 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 him from disclosing such facts to the court or any police officer or tamper with the evidence.

iii. 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.

iv. 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 applicant without any reference to this Court.