Anup Kumar Singh vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bistupur P.S. Case No.125 of 2020 registered under sections 406/420 of the Indian Penal Code.

The learned counsel for the petitioner seeks permission of this Court to implead the informant as opposite party no.2 in this anticipatory bail application.

Permission is accorded.

The petitioner is directed to incorporate the name of the informant as opposite party no.2 in this anticipatory bail application within one week after the lockdown period is over.

Let notice be issued to the newly impleaded opposite party no.2 under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within two weeks by the petitioner, failing which, this application shall stand dismissed without further reference to the Bench.

The Learned counsel for the petitioner submits that the allegations against the petitioner are all false. It is further submitted that admittedly the informant has paid Rs.1,50,000/- in respect of a Honda Civic Car but there has been a novation of the agreement after the informant agreed to purchase a Chevrolet Cruz LTZ Car in lieu of the said car and after that the petitioner has not taken any money from the informant and the petitioner has not instructed the informant to deposit money in any account of anybody else. It is next submitted that the dispute between the parties is at best a civil dispute. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

List this case on 15.06.2021.

Considering the submissions of the counsels and the fact as discussed above, I am inclined to pass an interim order of anticipatory bail provisionally till 15.06.2021. In case of the petitioner being arrested by the police on or before 15.06.2021, he shall be released on bail provisionally on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five thousand) with two sureties of like amount each to the satisfaction of the officer concerned in connection with Bistupur P.S. Case No.125 of 2020 subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.