High CourtsSingle Bench

Arbind Kumar vs State Of Jharkhand

Jharkhand High Court · Decided on 19 April 2021 · Citation: (2021) 04 JH CK 0207

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 379, 420, 467, 468, 471 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
A.B.A. No. 1727 Of 2021
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Judgment

24 paragraphs · 530 words

The matter is taken up through video conferencing.

No one turns up either on behalf of the petitioner or on behalf of the State.

The petitioner is directed to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

Apprehending his arrest in connection with Kotwali P.S. Case No.228 of 2019 instituted under Sections 379, 420, 467, 468, 471, 34 of the Indian Penal

Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Perusal of the record reveals that the allegation against the petitioner is that the petitioner committed theft of the cheque of the informant of Axis

Bank and gave it to the co-accused Bhaskar Chakraborty after putting forged signature on the same and the petitioner and the co-accused Bhaskar

Chakraborty tried to withdraw the amount from the bank account of the informant. Perusal of the record next reveals that it has been averred in the

anticipatory bail application the allegation against the petitioner is false. Perusal of the copy of the agreement entered into between the informant and

the co- accused Bhaskar Chakraborty kept at Annexure-2 page-19-21 of the brief, reveals that the co-accused Bhaskar Chakraborty and the

informant entered into an agreement relating to sell of the land and according to paragraph-04 of the said agreement, if the informant after payment of

the advance amount, cannot get the sale-deed registered or the co-accused Bhaskar Chakraborty because of any reason if will not purchase the said

land then the cheque given as guarantee could be utilized for the recovery of the amount given in advance. Perusal of the record further reveals that

co-accused- Bhaskar Chakraborty, has already been given the privileges of anticipatory bail by this Court vide order dated 13.04.2021 passed in

A.B.A. No.1536 of 2021. Perusal of the record next reveals that the petitioner is a practicing advocate of this court as has been averred in para-10 of

the instant bail application. Perusal of the record further reveals that the petitioner has averred in para-07 of the instant bail application that he has no

criminal antecedent and in para-15 that he is ready and willing to abide by any terms and conditions imposed upon him by this Court.

Considering the facts of the case, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to

surrender in the Court of learned C.J.M., Ranchi within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail

on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Ranchi

in connection with Kotwali P.S. Case No.228 of 2019 with the condition that he will co- operate with the investigation of the case and appear before

the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will

not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Procedure.