Sanjay Kumar Dubey vs State of Jharkhand

Apprehending his arrest in connection with Deoghar Town P.S. Case No.131 of 2017 corresponding to G.R. No.352 of 2017 instituted under Sections 386/420/464/467/471 and 120B of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Heard the parties.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that in connivance with the co-accused persons the petitioner managed to initiate a proceeding under Section 144 Cr.P.C. in which the informant was also a party and the petitioner along with other co-accused persons created some forged and fabricated deed of declaration and relinquishment for the purpose of grabbing the land of the informant. It is next submitted that though it is alleged that the said application under Section 144 Cr.P.C. was filed behind the back of the informant in a fraudulent manner but no petition under Section 340 Cr.P.C. was filed in that proceeding; for prosecution of any alleged wrong doer. It is submitted that the allegations against the petitioner are all false. It is then submitted that it is the admitted case of the petitioner and informant that the petitioner has been in possession of the said land and has constructed a house thereon long ago. It is next submitted by the learned counsel for the petitioner that no eviction proceeding has been filed against him whereas it is the case of the informant that he has filed one eviction proceeding. It is submitted that the allegations against the petitioner are all false and the dispute between the parties is basically a civil dispute. It is next submitted that in the report submitted by the Deputy Secretary, Bhudan under JHALSA, it has been mentioned that more than 100 persons are occupying the lands of the informant. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to furnish sufficient security including cash security. It is lastly submitted that the co-accused person whose case stands on the similar footing has already been given the privilege of anticipatory bail by this Court vide orders dated 08.05.2019, 15.03.2019 and 05.09.2019 in A.B.A. Nos.7321, 8347 of 2018 respectively and 6243 of 2019. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Chief Judicial Magistrate, Deoghar within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.10,000/- (Rupees ten thousand) as cash security and on furnishing bail bond of Rs.25,000/-(Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Deoghar in connection with Deoghar Town P.S. Case No.131 of 2017 corresponding to G.R. No.352 of 2017 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his 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.