Mohammad Anwar vs State Of Jharkhand & Anr

Anil Kumar Choudhary, J

Heard the parties.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No.6225 of 2021 registered under sections 406/ 420/467/468/120B/34 of the Indian Penal Code.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners entered into a development agreement with the mother of the complainant according to which the flat in question has been sold by the petitioners allotted to the share of the mother of the complainant by misusing the power of attorney and committing criminal conspiracy by way of cheating, knowing pretty well that the contents of the agreement entered into between the parties and the power of attorney was not for the properties sold to the co-accused –Aftab Alam, still sold the same to the said Aftab Alam. It is further submitted that the allegations against the petitioners are all false and the complainant has no locus standi to institute the case as undisputedly, the mother of the complainant –Gulshan Ara @ Bibi Gulshan is alive. It is next submitted that the petitioners undertake to jointly pay Rs.40,50,000/- to the mother of the complainant – Gulshan Ara @ Bibi Gulshan without prejudice to their defence in this case, subject to final decision of the case and also undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioners 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.

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 petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of four months from the date of this order, they shall be released on bail on jointly depositing a demand draft of Rs.40,50,000/- drawn in favour of mother of the complainant –Gulshan Ara @ Bibi Gulshan without prejudice to their defence in this case, subject to final decision of the case and on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -XIII, Ranchi, in connection with Complaint Case No.6225 of 2021 with the condition that the petitioners will cooperate with the trial of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

In case, the petitioner deposits the aforesaid demand draft, the court below is directed to issue notice to the mother of the complainant –Gulshan Ara @ Bibi Gulshan and hand over the said demand draft to her, after proper identification.

At the time of conclusion of the trial, the trial court will pass appropriate orders regarding the amount, if any, deposited by the petitioners with the mother of the complainant –Gulshan Ara @ Bibi Gulshan in connection with this case.