High CourtsSingle Bench

Ashok Kumar Ray vs State Of Jharkhand And Anr

Jharkhand High Court · Decided on 20 April 2021 · Citation: (2021) 04 JH CK 0221

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 406, 409, 420 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 1758 Of 2021
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Judgment

17 paragraphs · 401 words

The matter is taken up through video conferencing. No one turns up on behalf of the parties.

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

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sarath P.S. Case No.107 of

2019 registered under sections 406/409/420/34 of the Indian Penal Code.

Perusal of the record reveals that the allegation against the petitioner is that the petitioner and the co-accused persons obtained loan from the

Jharkhand Rajya Gramin Bank, Gopibandh Branch but the loan along with interest were not returned, hence, this FIR has been lodged. It appears

from Annexure-2 at page no.19 of the brief that Jharkhand Rajya Gramin Bank has issued a no due certificate in favour of the petitioner. It is then

averred in the anticipatory bail application that the petitioner has compromised the matter with bank and in view of compromise, the loan account has

been closed. It is next averred that the allegation against the petitioner is false and that the petitioner is ready to abide by any terms and conditions

imposed upon him by this Court and co-accused person has already been given the privilege of anticipatory bail by a coordinate Bench of this Court

vide order dated 05.02.2021 in A.B.A. No.4507 of 2020. Considering the facts of the case, I am of the opinion that it is a fit case where the above

named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of

this order, he shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount

each to the satisfaction of learned J.M., Madhupur, in connection with Sarath P.S. Case No.107 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 will furnish his mobile number and a

copy of his Aadhar Card in the court below with the 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.