Shiv Kumar Tiu vs State Of Jharkhand

Heard the parties through Video Conferencing.

Mr. Randhir Kumar, 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.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Chakradharpur P.S. case no.

70 of 2018 registered under Sections 467, 468, 471, 419, 420 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the allegations against the petitioner is that one advocate has filed a petition under section 46

of C.N.T. Act before the Sub Divisional Magistrate-cum- L.R.D.C., Porahat at Chakradharpur where the petitioner is purchaser of the land but in

course of verification, it was found that the said petition was filed on the basis of the forged document. Thereafter, a notice was issued to the counsel

who filed the petitions and the counsel submitted that the parties submitted document to him, which were filed by him. It is further submitted by

learned counsel for the petitioner that the caste certificate and residential certificate of the purchaser petitioner was found to be forged. It then

submitted that the allegations against the petitioner are all false and the petitioner is a law abiding citizen. It is next submitted that the petitioner is

ready to co-operate with the investigation of the case and also ready and willing to furnish sufficient security including cash security and the co-

accused with similar allegations has already been granted privilege of anticipatory bail by this court vide order dated 06.01.2020 passed in ABA no.

7614 of 2019, hence, the petitioner be given the privilege of anticipatory bail.

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event

of arrest by the police or surrender within a period of four weeks from the date of this order, the petitioner shall be released on bail on furnishing cash

security of Rs. 10,000/- and furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the

satisfaction of learned SDJM, Porahat, Chaibasa in connection with Chakradharpur P.S. case no. 70 of 2018 subject to the condition that the petitioner

will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile

number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the

pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.