Bimal Kumar @ Bimal Kumar Pandit @ Vimal Kumar 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 Mohanpur P.S. Case No.72 of

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

Heard the parties.

Learned counsel for the opposite party no.2 files the counter affidavit. Keep the same in the record.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being an agent of Rainbow Multi State

Credit Co-operative Society has induced the informant to invest in total of Rs.10,50,000/- in the said society, but the said amount is not being returned

by the petitioner. It is further submitted that the petitioner was working as an agent in the said society but never took any penny from the informant. It

is also submitted that the allegation against the petitioner are all false. It is next submitted that the petitioner is ready and willing to pay Rs.5,50,000/- to

the complainant by way of installments as ad interim victim compensation without prejudice to his defence in this case subject to final decision of the

case and 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. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail. Learned counsel for the

opposite party no.2 submits that the opposite party no.2 is ready and willing to pay any money in excess of Rs.5,00,000/- to the petitioner, if paid to her

in respect of her investment with the Rainbow Multi State Credit Co-operative Society by the said society.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to

the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned S.D.J.M., Deoghar within eight weeks from today and in the

event of his arrest or surrendering, he will be enlarged on bail provisionally for a period of one month from the date of his surrender on depositing a

demand draft of Rs.70,000/- drawn in favour of the informant namely Rita Devi @ Rita Kumari and on furnishing bail bond of Rs.25,000/- (Twenty

five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Deoghar in connection with Mohanpur P.S. Case

No.72 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. In case the petitioner deposit a demand draft of Rs.96,000/- within the period for which the provisional bail is granted, then the provisional

bail shall be extended for further one month from the date of his deposit; by the trial court. Accordingly, on depositing each demand draft of

Rs.96,000/- drawn in favour of the informant namely Rita Devi @ Rita Kumari, the provisional bail granted to the petitioner shall be extended for a

period of one month and on the petitioner depositing the last demand draft of Rs.96,000/- drawn in favour of the informant namely Rita Devi @ Rita

Kumari thereby completing payment of the total amount of Rs. 5,50,000/- on or before five months of the date of his surrender in the learned court

below, the provisional bail granted to the petitioner shall be confirmed by the trial court till disposal of the case.

It is made clear that in case of failure of the petitioner to deposit any of the installments, the provisional bail granted to the petitioner will be cancelled

and the trial court will take appropriate steps for his apprehension for facing the trial.

In case the petitioner deposit Rs.5,50,000/-, learned court below will pass an appropriate order regarding disbursal of the same at the time of

conclusion of trial.

In case, the petitioner deposits the demand draft(s), the court below is directed to issue notice to the informant- Rita Devi @ Rita Kumari and hand

over the said demand draft to her, after proper identification.