Manoj Vishwakarma 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 Meral P.S. Case No.109 of 2020 registered under sections 420/406/34 of the Indian Penal Code.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has collected huge amount of money from the informant and others to deposit the same in Milan International Private Limited Company with an assurance to double the deposited amount but has not repaid the same. It is further submitted that the allegations against the petitioner are all false and the petitioner is neither the agent nor the employee of the said company with which the informant and others have allegedly deposited the money. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

The learned counsel for the petitioner seeks permission of this Court to implead informant as opposite party no.2 of this anticipatory bail application.

The petitioner is directed to incorporate the name of informant as opposite party no.2 of this anticipatory bail application, within a week after the lockdown period is over.

Let notice be issued to the newly impleaded opposite party no.2 under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within two weeks by the petitioner, failing which, this application shall stand dismissed without further reference to the Bench.

The learned Addl. P.P. opposes the prayer for anticipatory bail.

List this case on 12.11.2020.

Considering the submissions of the counsels and the fact as discussed above, I am inclined to pass an interim order of anticipatory bail provisionally till 12.11.2020. In case of the petitioner being arrested by the police on or before 12.11.2020, he shall be released on bail provisionally on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five thousand) with two sureties of like amount each to the satisfaction of the officer concerned in connection with Meral P.S. Case No.109 of 2020 subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.