Zafar Nafis Khan vs State Of Jharkhand

Heard the parties through video conferencing.

Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the 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 Bistupur P.S. Case No. 304 of 2019 registered under sections 406, 420, 34 of the Indian

Penal Code.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner took loan from the Cholamandalam Investment,

Finance Company and cheque issued by the petitioner for payment of EMI got dishonored. It is submitted that the allegation against the petitioner is

false. It is next submitted that the dispute between the parties is basically civil dispute. It is further submitted that the car, in respect of offence was

made by the informant, has been seized by the police and the petitioner has also filed Complaint Case No. 1107 of 2019 against the Manager of the

Cholamandalam Investment, Finance Company on 23.04.2019 and after that this F.I.R. has been lodged. It is further submitted that though in para 10

of the petition, it has been wrongly mentioned that Annexure-2 is the photocopy of the application filed by the informant for release of the vehicle but

in fact; the same is the copy of the certified copy of the Complaint Case No.1107 of 2019 filed by the petitioner against the manager of the informant-

Cholamandalam Investment, Finance Company. It is then submitted that the petitioner undertakes to co- operate with the trial of the case. It is lastly

submitted that the petitioner has been in custody since 25.11.2020 as mentioned in paragraph 1 of the bail application. Hence it is submitted that the

petitioner be released on bail.

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

Considering the facts of this case, the above named petitioner is directed to be enlarged 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 C.J.M., Jamshedpur in connection with Bistupur P.S. Case No.

304 of 2019 with the condition that he will co-operate with the trial of the case.