Ayaz Ahmad 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 Bankmore (Bhuli) P.S. Case No.244 of 2020 registered under sections 406/420/323/341/325/504/506 of the Indian Penal Code.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has taken Rs.4,00,000/- through bank transaction from the informant who is the sister-in-law (Bhavi) of the petitioner to purchase a vehicle with the condition that as and whenever the husband of the informant comes from Saudi Arabia where he is working, the petitioner will transfer the ownership of the vehicle but the petitioner is not transferring the ownership of the said vehicle. It is further submitted that though there is further allegation that the petitioner has taken the monthly installment amount of Rs.11,000/- from the informant in cash for depositing the installment dues of the loan amount which was taken for purchasing the said vehicle, the said allegation is false and in fact the petitioner from his own pocket had paid the installment of the said vehicle. It is then submitted that the allegations against the petitioner are all false. It is next submitted that the petitioner is ready and willing to pay Rs.4,00,000/- to the informant without prejudice to his defence in this case and subject to final decision of the case and also undertakes to cooperate with the investigation of the case. 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.

Considering the submissions of the counsels and the fact as discussed above, 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 three months from the date of this order, he shall be released on bail on depositing a demand draft of Rs.4,00,000/- drawn in favour of informant and 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 C.J.M., Dhanbad, in connection with Bankmore (Bhuli) P.S. Case No.244 of 2020 with the condition that the petitioner will cooperate 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 subject to the conditions laid down under section 438 (2) Cr. P.C.

In case, the petitioner deposits the aforesaid demand draft, the court below is directed to issue notice to the informant and hand over the said demand draft to her, after proper identification.

It is made clear that at the time of conclusion of the trial, the learned trial court will pass appropriate orders regarding the amount, if any, deposited by the petitioner with the Informant.