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2025 DAILYLAW 16716 (JHR)

RAJEEV AGARWAL v. THE STATE OF JHARKHAND

A.B.A./3696/2025 · 2025-07-14

Sri Ananda Sen

body2025

Judgment text

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2025:JHHC:19006 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.3696 of 2025 ------ Rajeev Agarwal, aged about 54 years, son of Shri Kailash Prasad Agarwalla, resident of Rahargora, nag Nagar, Dhaiya, Dhanbad, Jharkhand, P.O. & P.S.:- Dhanbad, Town & District: Dhanbad (Jharkhand). … … Petitioner Versus The State of Jharkhand. … … Opposite Party ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Nitin Kumar Pasari, Advocate Mr. Gaurav Kaushalesh, Advocate For the State : Mr. Manoj Kumar, APP ----- 04/ 14.07.2025 Heard the parties. 2. This anticipatory bail application under Sections 482 & 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences under Sections 406, 409, 420, 468 and 34 of the IPC, 1860. 3. It is alleged that the informant was approached by the Directors of M/s Yash Alloys Pvt. Ltd. including the petitioner to sell their factory including a rolling mill and an induction furnace along with other machineries. Thereafter, multiple agreements were executed between the parties, brought both units under the control of M/s Ambey Casting Private Limited and at a later point of time, it was discovered that out of total area, 7.673 acres of land is “gair- majurua” and non-transferable, leading M/s Ambey Casting Private Limited to cease repayments of loan and electricity bill payments alleging cheating and fraud committed by the petitioner along with other accused. 4. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 5. There is an allegation that the petitioner has contracted the tripartite agreement to sell a land of the company to the informant. The agreement was tripartite between the seller, purchaser and the bank who had kept the said land under mortgage. Later on, it was found that the land was Gairmazarua 2025:JHHC:19006 2 Khas land and according to the informant, the same could not have been sold which is denied by the petitioner as it is the case of the petitioner that Gairmzarua khas land can also be sold. Learned counsel for the petitioner lastly submits that he had also filed a case against the opposite parties as Gola P.S. Case No.96 of 2024 as there was a commercial dispute between them and in which the informant have already been granted the privilege of anticipatory bail. 6. Considering that the dispute in this case is in respect of sell and purchase of land which is recorded as gair mazarua Khas and one of the party claims that the same cannot be sold and the other i.e., the petitioner is claiming that the same can be sold, I am inclined to allow this application. 7. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate First, Class, Ramgarh in connection with Gola P.S. Case No.100/2024, subject to the condition that one of the bailers should be a close relative of the petitioner and he should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which they are having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. (ANANDA SEN, J.) Sandeep. Cp-3