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2025 DAILYLAW 31488 (JHR)

JEETENDRA TIBREWAL v. THE STATE OF JHARKHAND

A.B.A./456/2025 · 2025-01-24

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 456 of 2025 ------ Jeetendra Tibrewal, S/o Late Om Prakash Tibrewal, aged 56 years, R/o Addi Bunglow, P.O. Jhumri Telaiya, P.S. Telaiya, District -Koderma … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Yogesh Modi, Advocate (Through V.C.) For the State : Mr. Azeemuddin, Addl. P.P. ------ Order No.02 Dated- 24.01.2025 Heard the parties. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Telaiya P.S. Case No.234 of 2024 registered under sections 406/420/120B/34 of the Indian Penal Code. The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner in criminal conspiracy with the co-accused persons committed criminal breach of trust and cheating. It is further submitted that the allegations against the petitioner are all false and the only allegation against the petitioner is that the one of the trustee of trust who is the owner of the land in question and who earlier entered into an agreement for sale with the company of the informant has handed over the documents of the informant, hatched up a conspiracy with the petitioner and one of the trustees namely Lakshmikant Tibrewal executed a power of attorney in favour of the petitioner and in exercise of the said power of attorney, the petitioner sold 4.36 decimals of land to his wife namely Punam Tibrewal. It is then submitted that the dispute between the parties is at best a civil dispute. It is further submitted that on 21.01.2024 an agreement for sale was entered into between the father of the petitioner namely Om Prakash Tibrewal and the trust through its trustee. It is then submitted that, in pursuance of the said agreement, Rs.1,35,000/- was paid as the earnest amount by the father of the petitioner through demand draft in favour of the trust and the said draft was deposited by the trust in bank and in this respect, the learned counsel for the petitioner draws the attention of this Court to annexure-3 which is the photocopy of the agreement with demand draft annexed therewith. It is then submitted that the petitioner continues to live in the premises which is continuously in peaceful possession of the petitioner and his family members since last more than 60 years. It is then submitted that the father of the petitioner entered into an agreement with the trust before the trust entering into an agreement with the informant. It is next submitted that the petitioner undertakes to furnish sufficient security including cash security and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege 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 depositing cash security of Rs.25,000/- 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 ACJM, Koderma, in connection with Telaiya P.S. Case No.234 of 2024 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.) Sonu/Gunjan-