Naresh Mandal vs State Of Jharkhand And Ors

Heard the parties through video conferencing. Mr. A. K. Kashyap- learned senior counsel for the petitioner undertakes to remove the defects pointed

out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned senior counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the

present.

Apprehending his arrest in connection with Jamtara P.S. Case No.06 of 2020 instituted under Sections 406/420/467/468/471/120-B of the Indian Penal

Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned senior counsel for the petitioner submits that the allegation against the petitioner is that through the petitioner who is a proprietor of a tractor

showroom, some of the purchasers of the tractors were provided loans by the informant-company but the petitioner did not supply the financed

tractors to the loanees of the informant company and has misappropriated said amount to the tune of Rs.59,95,464/-. It is submitted that the allegation

against the petitioner is false. It is next submitted that the petitioner has already delivered 11 tractors to the customers and the co-accused person has

delivered remaining two tractors. Hence, this false case has been foisted against the petitioner only to harass him. Hence, it is submitted that the

petitioner be given the privileges of anticipatory bail.

Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Mr. Indrajit Sinha- learned counsel for the informant/ opposite party No.2 prays for time to file counter-affidavit.

Prayer for time is allowed.

List this case on 05.01.2021.

Considering the submissions of learned counsels and the facts as discussed, I am inclined to pass an interim order of anticipatory bail to the petitioner

till 05.01.2021. In case of the petitioner being arrested by the police on or before 05.01.2021, he shall be released on bail provisionally on furnishing bail

bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of the officer concerned in connection with

Jamtara P.S. Case No.06 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.