Umesh Kumar vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the

stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

The petitioner has moved this Court for grant of bail in connection with Dhanbad P.S. Case No.113 of 2020 registered under sections

420/406/467/468/471/120B of the Indian Penal Code.

The learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the facilitator of a land transactions

between the co-accused persons and the informant and he has taken Rs.61,000/- from the informant by transfer of the said amount in his account and

also received certain cash along with co- accused persons. It is further submitted that the allegations against the petitioner are all false. It is next

submitted that the petitioner has been in custody since 17.09.2020 as has been mentioned in paragraph no. 13 of the bail application. It is then

submitted that the co-accused person has already been admitted to bail by a coordinate Bench of this Court vide order dated 18.09.2020 in B.A.

No.3849 of 2020. It is also submitted that the petitioner undertakes to pay Rs. 61,000/- as ad interim victim compensation to the informant without

prejudice to his defence in this case and subject to the final decision of the case. It is lastly submitted that the petitioner undertakes to cooperate with

the trial of the case. Hence, it is submitted that the petitioner be admitted to bail.

The learned Addl. P.P. opposes the prayer for bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to

enlarge the above named petitioner on bail. Accordingly, the petitioner is directed to be released on bail on depositing a demand draft of Rs.61,000/- in

favour of informant and 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 C.J.M., Dhanbad, in connection with Dhanbad P.S. Case No.113 of 2020 with the condition that the petitioner will cooperate

with the trial of the case.

In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over

the said demand draft to him, after proper identification.

At the time of conclusion of the trial, the trial court will pass appropriate order regarding the money if any deposited by the petitioner to the informant.