Md. Mumtaz vs State Of Jharkhand

Heard the parties through video conferencing. Apprehending their arrest in connection with Ramgarh P.S. Case No.194 of 2019 instituted under Sections 406 and 420 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that they have cheated and committed criminal breach of trust by defrauding Jharkhand Rajya Gramin Bank, Ramgarh Branch by not repaying the loan fraudulently taken by them. It is submitted that the allegation against the petitioners is false. It is further submitted that a settlement has entered into between the parties as per One Time Settlement (O.T.S.) scheme and the petitioner Nos.1 and 2 have already paid the dues of the bank and the petitioner Nos.3 to 5 will clear all the dues of the bank in terms of the agreement as per One Time Settlement scheme(O.T.S.) shortly. It is lastly submitted that the petitioners are ready and willing to co-operate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State being assisted by the learned counsel for the informant-Bank oppose the prayer for anticipatory bail of the petitioners.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned C.J.M., Ramgarh within four months from today and in the event of their arrest or surrendering, the petitioners will be enlarged on bail on producing No Dues Certificate obtained from the informant-Bank in respect of the loan in connection with which this case has been instituted against them by the informant-Bank and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount to the satisfaction of learned C.J.M., Ramgarh in connection with Ramgarh P.S. Case No.194 of 2019 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their 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.