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Judgment
Gautam Kumar Choudhary, J
Heard both the sides.
This bail application has been filed on behalf of Md. Khalid Anwar @ Khalid Anwar who is in custody since 02.08.2025 in connection with Ormanjhi P.S. Case No. 20 of 2021 for the offence registered under Sections 406, 420 and 34 of the IPC pending in the Court of learned J.M., Ranchi, is pressed into motion.
As per the FIR, the petitioner had defrauded the informant of a total sum of Rs. 20,00,000/-, out of which Rs. 11,00,000/- had been taken by cheque and rest amount was taken by cash on an agreement to sell the land to the informant. It is submitted by the learned counsel on behalf of petitioner that dispute is civil in nature and there was no intentional default in executing the sale of land. The sale deed could not be executed by the petitioner who was the registered power of attorney holder of the land owner, as the informant himself entered into negotiation with the original owner bypassing the Petitioner.
It is however submitted that he is ready and willing to repay Rs.11,00,000/- which had actually been received from the informant out of which is ready to pay Rs 8,00,000/- by Bank draft today, and rest of amount i.e., Rs. 3,00,000/- to be paid within one month from the date of release from custody, by way of Bank draft in the name of the informant.
Learned A.P.P. for the State has opposed the prayer for bail. Learned counsel appearing on behalf of the informant raises no objection to grant of bail if Rs.11,00,000/- is paid within a month.
Under the circumstances, Rs.8,00,000/- demand draft is handed over to the counsel appearing on behalf of the informant and the balance amount i.e., Rs.3,00,000/- will be paid by way of demand draft within a month of this order before the learned trial Court. The payment will not prejudice either party during trial.
Under the aforesaid terms and conditions, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/-(Twenty- Five Thousand) with two sureties of the like amount each to the satisfaction of the Court below.