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Judgment
7 paragraphs · 399 wordsRajesh Kumar, J
Heard the parties.
The applicant(s), who is an accused for the offence under Sections 406, 420, 427, 379, 380 and 120B IPC, pray(s) for anticipatory bail expressing apprehension of arrest in connection with Galudih P.S. Case No.28 of 2023.
Innocence has been claimed and undertaking has been given to co-operate with the Investigating Agency/Trial. It has been submitted that a piece of land has been sold by this applicant to the informant but the disputed area has never been sold and for this purpose he has relied upon the sale deed. It has been further submitted that there is further structure in the same plot but that has never been sold but the informant has claimed that he has paid money for the same. Admittedly, there is no sale and purchase. For protection of the same, the informant has filed writ petition being W.P.(C) No.2274 of 2021, which has been dismissed as withdrawn on 16.08.2022. Thereafter, present criminal case has been filed. Even if the entire allegation is accepted to be true, it is out and out civil dispute and it has given colour of criminality. On the above basis, prayer for anticipatory bail has been made.
On the other hand, learned A.P.P. and counsel for the informant have opposed the prayer for anticipatory bail of the applicant (s) and it has been submitted that Rs.13,00,000/- has been paid towards the said structure but in spite of that, said structure in question has not been transferred rather it has been destroyed.
Considering the nature of dispute between the parties, I am inclined to grant privilege of anticipatory bail to the applicant(s). Accordingly, the applicant(s) above named is/are directed to surrender before the court below within two weeks from today and on his/her/their surrender, the applicant(s) be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Ghatshila, in connection with Galudih P.S. Case No.28 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
Further the applicant(s) will submit self-attested photocopy of his/her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned court below which he/she/they will always keep active and will not change it during pendency of this case without prior permission of the court.