High CourtsSingle Bench

Santosh Ram vs State Of Jharkhand

Jharkhand High Court · Decided on 16 December 2020 · Citation: (2020) 12 JH CK 0141

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 418, 419, 420, 467, 468, 506
RESULT
Allowed
CASE NUMBER
Bail Application No. 9984 Of 2020
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Judgment

22 paragraphs · 423 words

Heard the parties through Video Conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the

lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the

present.

The petitioner has been made accused in connection with Itkhori P.S. case no. 104 of 2020 instituted under sections 418, 419, 420, 467, 468, 506 of the

Indian Penal Code.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner induced the informant to deposit Rs.

10,00,000/- in his account but after expiry of ten days when the informant requested the petitioner to execute the sale deed and receive the remaining

amount of Rs. 16,00,000/-, the petitioner procrastinated on one pretext or other and lastly, refused to return the money. It is then submitted by learned

counsel for the petitioner that the allegation against the petitioner is false. It is next submitted by learned counsel for the petitioner that the petitioner

neither demanded Rs. 10,00,000/- nor the informant has deposited the said amount in the account of the petitioner and concerned account number

belongs to Universal group, the proprietor of which is Suman Dutta and the petitioner has no concern with said Universal group. It is further submitted

by learned counsel for the petitioner that there is no material in the record to suggest that the said account in which Rs. 10,00,000/- has allegedly been

deposited, belongs to the petitioner, and in this respect the learned counsel for the petitioner draws attention of this court to the copy of the cheque

allegedly issued by the complainant, kept in the record. It is further submitted by learned counsel for the petitioner that the petitioner has been in jail

custody since 13.08.2020 as mentioned in paragraph 11 of the bail application and the petitioner is ready and willing to co-operate with the trial of the

case hence, the petitioner may be released on bail.

Learned Addl. P.P. opposes the prayer for bail of the petitioner.

Considering the facts of the case, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five

Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Chatra in connection with Itkhori P.S. case no. 104 of 2020

subject to the condition that the petitioner will co-operate with the trial of the case.