Bhuneshwar Singh vs State Of Jharkhand And Ors

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Rajpur P.S. Case No.23 of

2014 (G.R. No. 456 of 2014) registered under sections 420/406/467/468/504 of the Indian Penal Code.

Heard the parties.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has cheated the informant by getting the

amount of a stolen cheque worth Rs.5,40,000/- credited in his bank account. It is next submitted that the said amount has been freezed by the opposite

party no.3-State Bank of India. It is further submitted that the allegations against the petitioner are all false and it is the admitted case of the parties

that there were some business transaction between the parties and the cheque was issued in discharge of his debt by the informant to the petitioner.

Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

It is agreed to between the petitioner, the opposite party no.2 and the opposite party no.3, who has freezed the amount that the amount of

Rs.5,40,000/- be kept in a fixed deposit in the name of opposite party no.2-infomrant with auto renewal clause for a period of twelve months with the

condition that the opposite party no.3 will not pay either the maturity amount or pre matured encashment of the fixed deposit receipt without the order

of the trial court.

Learned Addl. P.P. and the learned counsel for the opposite party nos.2 and 3 oppose 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 eight weeks from the date of this order, he

shall be released on bail on filing the certificate from the opposite party no.3-Bank that he has cooperated with the opposite party no.3-Bank by

executing the necessary documents to enable the bank to create a fixed deposit in the name of the opposite party no.2-informant of Rs.5,40,000/- as

mentioned in the foregoing paragraphs of this order 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 J.M. 1st Class, Chatra, in connection with Rajpur P.S. Case No.23 of 2014 (G.R. No. 456 of 2014)

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 subject to the conditions laid down under section 438 (2) Cr. P.C.

If the informant-opposite party no.2 executes the necessary documents, the bank will create a fixed deposit in his name for Rs. 5,40,000/- for a period

of twelve months with auto renewal clause with the condition as mentioned in the aforesaid paragraph of this order.

At the time of conclusion of the trial, the trial court will pass appropriate order regarding the fixed deposit standing in the name of the opposite party

no.2-informant.