Ravindra Mahto vs State Of Jharkhand

Subhash Chand, J

Heard learned counsel for the applicant and the learned A.P.P. for the State.

This anticipatory bail application has been filed on behalf of the above-named applicant seeking anticipatory bail in connection with Rajrappa P.S. Case No. 42 of 2021, registered under Sections 406/420/504/506/34 and 120B of the Indian Penal Code, pending in the court of the Sub-Divisional Judicial Magistrate, Ramgarh.

Learned Counsel for the applicant has submitted that the F.I.R. of this case was lodged against three named accused including the applicant with these allegations that marriage of the daughter of the informant was to be solemnized on 08.12.2019 and he had to gift a car BREZZA ZDI. Accused Rajan Kumar and Ravindra Mahto who also run the stitching centre in the area locality told him that they would give him new car at the just half price of Rs. 5,50,000/-. The informant relied upon them and payment of Rs. 5,50,000/- was made to Rajan Kumar. Both the accused also purchased cloths worth Rs. 2,80,000/- from the shop of informant. Till the date of marriage neither car was handed over nor money was refunded. Rajan Kumar issued two cheques one of Rs. 5,00,000/-and another of Rs. 2,00,000/- same was also dishonoured. On demand of the same all the named accused hurled abuse to him and also criminally intimidated.

Learned Counsel for the applicant has submitted that in the F.I.R. itself it is alleged that both the named accused had asked the informant to purchase the car at the half price of Rs. 5,50,000/- but payment was made to the co-accused Rajan Kumar. Cheques were also issued by Rajan Kumar and not by the present applicant. There is no specific allegation against the applicant in regard to playing fraud upon the informant and duping the informant for the alleged amount. The applicant is having no criminal antecedent and has been implicated in this case with object to humiliate him on being arrested by the police.

Learned A.P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant.

In view of the above no useful purpose would be served in keeping the present application pending or calling for counter affidavit from the State. Without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail, at this stage. Accordingly, prayer for anticipatory bail of the applicant is hereby allowed.

In the event of arrest, let the applicant be released on anticipatory bail on furnishing bail bond of Rs. 25,000/-( Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned on the following conditions :-

i. The applicant shall make himself available for interrogation by a police officer as and when required.

ii. The applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer or tamper with the evidence.

iii. In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

iv. The applicant shall co-operate in the trial before the court below and in case of non-cooperation, the trial court would be at liberty to cancel the bail of the applicant without any reference to this Court.