Vishnu Prasad Bhagat @ Vishnu Prasad Bhagat Vs State Of Jharkhand

Jharkhand High Court 12 Jan 2022 Bail Application No. 14878 Of 2021 (2022) 01 JH CK 0004
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Bail Application No. 14878 Of 2021

Hon'ble Bench

Anubha Rawat Choudhary, J

Advocates

Jasvindar Mazumdar, Manoj Kumar Mishra

Final Decision

Allowed

Acts Referred
  • Indian Penal Code, 1860 - Section 34, 406, 420

Judgement Text

Translate:

Anubha Rawat Choudhary, J

1. Learned counsel for the petitioner Ms. Jasvindar Mazumdar is present.

2. Learned counsel for the opposite party-State Mr. Manoj Kumar Mishra is present.

3. Learned counsel for the petitioner submits that the petitioner is in custody in connection with Godda (M) P.S. Case No. 233 of 2021, for the offence

punishable under Sections 406,420,34 of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Godda.

4. Learned counsel for the petitioner submits that as per the allegation levelled in the F.I.R., the informant of the case had given blank signed cheque

to the petitioner and his son which have been used for taking away the money from the bank which was received as compensation. Learned counsel

has also submits that the co-accused who is son of the petitioner has been granted privilege of anticipatory bail in A.B.A. No. 9079 of 2021 and the

petitioner is in custody since 07.10.2021. Learned counsel for the petitioner submits that amount was in fact returned back to the petitioner for which

they have referred to Annexure-2 series.

5. Learned counsel appearing on behalf of the opposite party-State Mr. Manoj Kumar Mishra opposes the prayer for bail.

6. After hearing the learned counsel for the parties it is not in dispute that victims had singed the cheque through which the amount have been

withdrawn or transmitted in bank account of the petitioner and also the fact that one similarly situated co-accused has been given the privilege of

anticipatory, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty-five thousand) with two sureties of the

like amount each to the satisfaction of learned Chief Judicial Magistrate, Godda, in connection with Godda (M) P.S. Case No. 233 of 2021 on the

following conditions:

(i) The petitioner will furnish his self-attested copy of the Aadhar Card and mobile number before the learned court below at the time of furnishing bail

bond. The petitioner will not change his mobile number during the pendency of the case without prior permission of the court.

(ii) The bailors should be close relative of the petitioner.

(iii) The petitioner will fully co-operate with the trial of the case.

7. The instant bail application is allowed with the aforesaid conditions.

8. Let a copy of this order be communication to the court concerned through FAX/e-mail.

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