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High Court of Jharkhand · body

2025 DAILYLAW 30120 (JHR)

MD KALIM v. THE STATE OF JHARKHAND

A.B.A./7883/2024 · 2025-01-07

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7883 of 2024 ------ Md. Kalim … Petitioner Versus 1. The State of Jharkhand 2. Aftab Alam … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Kripa S. Nanda, Advocate For the State : Mr. Bishambhar Shastri, Addl. P.P. ------ Order No.04 Dated- 07.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privileges of anticipatory bail in connection with Telaiya P.S. Case No.223 of 2023 registered under sections 420/467/468/147/148/504/506 of the Indian Penal Code. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner entered into an agreement for sell of the land and received Rs.8,50,000/- as advance but did not execute the sale deed. It is further submitted that the allegations against the petitioner are all false and co-accused person in whose account the money of Rs.2,00,000/- and Rs.1,60,000/- respectively were transferred has already been given the privileges of anticipatory bail by a coordinate Bench of this Court vide order dated 09.09.2024 in A.B.A. No.5748 of 2024. It is next submitted that the dispute between the parties is at best a civil dispute and there is no allegation against the petitioner of playing deception since the beginning of the transaction between the parties. It is then submitted that the petitioner has no criminal antecedent as has been mentioned in paragraph no. 14 of the anticipatory bail application. It is then submitted that the petitioner undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl. P.P. opposes the prayer for grant of anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the abovenamed petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he shall 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 A.C.J.M., Koderma, in connection with Telaiya P.S. Case No.223 of 2023 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Abhiraj-