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2025 DAILYLAW 7482 (JHR)

PAWAN KUMAR CHHAPOLIA v. THE STATE OF JHARKHAND

A.B.A./1567/2025 · 2025-03-10

Anil Kumar Choudhary

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1567 of 2025 ------ Pawan Kumar Chhapolia, aged about 70 years, son of Late Mohan Lal, resident of Kirankunj, Budh Vihar, near Nirankari Satsang Bhawan, Post Harmu, Police Station Doranda, District Ranchi .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Vikash Kumar, Advocate For the State : Mrs. Bandana Sinha, Addl.P.P ------ Order No.02 Dated- 10-03-2025 Heard the parties. Apprehending his arrest in connection with Kharsawan P.S. Case No.43 of 2023 instituted under Sections 467/468/471/474/406/506/419/ 420/120B/34 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in criminal conspiracy with the co-accused persons and in furtherance of common intention with them, sold the joint property of the informant in capacity of power of attorney holder of the co-accused- Nandini Singhdeo. It is next submitted that the allegation against the petitioner is false. It is then submitted that admittedly, the property sold is a joint property. It is then submitted that there is no allegation of Nandini Singhdeo not executing any power of attorney in favour of the petitioner. It is further submitted that vide Rent Fixation Case No.01 of 2019-20 of the court of LRDC, Seraikella, rent fixation of the land sold by the petitioner; by virtue of such power of attorney, bearing plot Nos.59, 60 and 402, was made in favour of the co-accused Nandini Singhdeo and she had been paying rent in respect of the land sold, the time the said land was sold, by the petitioner. It is also submitted that the dispute between the parties is at best a civil dispute. It is also submitted that there is an inordinate and unexplained delay in filing the complaint case No.73 of 2023 which upon being referred to police, the FIR of this case has been registered. It is also submitted that the petitioner undertakes that he will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.10,000/- as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Seraikella in connection with Kharsawan P.S. Case No.43 of 2023 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and he will not annoy or disturb the informant-complainant or any of his family members in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Choudhary, J.) Saroj/