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Judgment
22 paragraphs · 423 wordsHeard 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.
