Ashish Banerjee @ Ashish Benerjee vs The State Of Jharkhand & Anr
2023 Latest Caselaw 3262 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
               A.B.A. No. 4486 of 2023
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Ashish Banerjee @ Ashish Benerjee ... Petitioner Versus The State of Jharkhand & Anr. ... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Abhishek Kr. Dubey, Advocate For the State : Mr. Tarun Kumar, Addl. P.P. For the O.P. No.2 : Mr. Vikash Kumar, Advocate

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Order No.06 Dated- 30.08.2023

Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with C.C. Case No.121 of 2019 registered under sections 406/420/465/467/ 471/34 of the Indian Penal Code.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner is the power of attorney holder of the co-accused Chandana Sen Gupta and has executed a sale deed in respect of the land belonging to the complainant in favour of some person. It is further submitted that the allegations against the petitioner are all false and the co-accused

-Chandana Sen Gupta is the owner of the land in respect of which sale deed was executed by the petitioner in the capacity of power of attorney holder. It is then submitted that the dispute between the parties is at best a civil dispute and the learned counsel for the petitioner relies upon the Judgment of Hon'ble Supreme Court of India, in the case of Md. Ibrahim Vs. State of Bihar, reported in (2009) 8 SCC 751. It is next submitted that no offence is made out against the petitioner. It is lastly submitted that the petitioner undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. and the learned counsel for the opposite party no.2 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 above named 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 furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Chandil, in connection with C.C. Case No.121 of 2019 with the condition that the petitioner will cooperate with the trial of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

(Anil Kumar Choudhary, J.) Sonu/Gunjan-