Naushad Ahmad vs State Of Jharkhand And Ors

Heard learned counsel for the petitioner Mr. Anurag Kashyap and learned A.P.P. Mr. Jitendra Pandey. Opposite party no.2 informant has also

entered appearance through learned counsel Mr. Anish Kumar Mishra.

Petitioner seeks protection in terms of Section 438 of the Cr. P.C in connection with Golmuri P.S. Case No. 239/2019 instituted under Sections

323/341/406/420/384/345 of the Indian Penal Code, pending in the Court of Miss A. John, learned Judicial Magistrate, 1st Class, Jamshedpur.

Learned counsel for the petitioner submits that the petitioner is ready to return the alleged amount of Rs. 1.50 lakhs received as friendly loan from

the Informant, provided sometime is granted because of ensuing marriage of his daughter.

Learned counsel for the petitioner submits that on such conditions petitioner may be granted protection from unnecessary arrest in connection with

the instant case, otherwise he may suffer irreparably.

Learned A.P.P. and the learned counsel for the opposite party no.2 have opposed the prayer.

However, having considered the facts and circumstances above and the submissions of learned counsel for the parties, I am inclined to grant the

privilege of anticipatory bail to the petitioner on the condition of deposit of Rs.1.50 lakhs before the learned trial court within a period of 8 weeks from

today. Accordingly, petitioner above named, in the event of his surrender or arrest within this period, he shall 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 learned Judicial Magistrate, 1st Class, Jamshedpur

in connection with Golmuri P.S. Case No. 239 of 2019, subject to the conditions laid down u/s 438(2) Cr.P.C. with further condition that the petitioner

shall cooperate in the investigation. The petitioner and the bailors shall not change their addresses and mobile numbers without permission of the

learned trial court during pendency of this case.

Let it be made clear that no further extension of period of deposit of the amount of Rs.1.50 lakhs shall be entertained. It would be open for the

informant opposite party no.2 to move before the learned trial court for release of the said amount, however on furnishing security of equivalent

amount.