High CourtsSingle Bench

Neeraj Kumar And Others vs State Of Jharkhand And Others

Jharkhand High Court · Decided on 3 August 2021 · Citation: (2021) 08 JH CK 0019

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 406, 420 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 9161 Of 2019
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

20 paragraphs · 415 words

Anil Kumar Choudhary, J

Though notice was issued to the opposite party No.2 yet no one appears on behalf of the opposite party No.2 in spite of repeated calls.

Apprehending their arrest in connection with Lalpur P.S. Case No.317 of 2018 instituted under Section 406, 420/34 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 the informant contacted the petitioners to render

catering and transport services for his film and gave them full advance of Rs.19,38,420/- and later on the said contract between the informant and the

petitioners was terminated with the condition that the petitioners will pay Rs.11,00,000/- but they cheated and committed criminal breach of trust by

not returning the said amount. It is submitted that the allegation against the petitioner is false and the petitioners never promised to repay

Rs.11,00,000/-and the petitioners have rendered all the services for which the contract has been entered between the parties and the dispute between

the parties is at best a civil dispute and there is no dishonest intention of the petitioners at the time of alleged entrustment of money. 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 opposes 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 J.M., Ranchi within six weeks from today and in the event

of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the

like amount each to the satisfaction of learned J.M., Ranchi in connection with Lalpur P.S. Case No.317 of 2018 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.