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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Pradeep Kumar Srivastava, J.
Kashi Ravidas – Petitioner
Versus
The State of Jharkhand and ors. – Opposite Parties
A.B.A. No. 10936 of 2022
Decided On : 19-06-2023
Indian Penal Code,1860 – Sections 323, 448, 406, 420 – Offence of Voluntarily Causing Hurt – Cheating – Anticipatory bail – Held, It appears that complaint case lodged by complainant is for realization amount which has been allegedly paid to petitioner as loan – It is a complaint case and custodial trial of accused is not required, hence, without expressing any view on merits of the case – Anticipatory bail application is disposed off
ORDER :
1. Heard learned counsel for the parties.
2. Apprehending his arrest in connection with C.P. Case No. 1202 of 2020 instituted under Sections 323, 448, 406, 420 of the Indian Penal Code, the petitioner has moved to this Court for grant of privilege of anticipatory bail.
3. As per complaint petition, there is allegation of receiving Rs. 5,00,000/-(Rs. Five Lacs) as friendly loan on different date in the year 2020 but inspite of persistent demand petitioner has not returned the loan amount to the complainant by refusing in one or another pretext and cheated him.
4. Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. Learned counsel for the petitioner has denied receipt of any loan amount from the complainant and has been falsely implicated. Petitioner has no criminal antecedent. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.
5. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
6. It appears that complaint case lodged by complainant is for realization of Rs. 5,00,000/-(Rs. Five Lacs) amount which has been allegedly paid to the petitioner as loan.
7. It is a complaint case and custodial trial of the accused is not required, hence, without expressing any view on the merits of the case, this anticipatory bail application is disposed off.
8. Petitioner is directed to seek regular bail before learned trial court which shall be disposed of in strict compliance of the guidelines issued by Hon’ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr reported in 2021(10) SCC 773.
9. Learned trial court is also directed to take notice of fresh observation of Hon’ble Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2023-SCC online (SC) 452 & 2023-Live Law (SC) 233.
Court grants anticipatory bail based on insufficient allegations and civil nature of dispute over money transactions.
Anticipatory bail cannot be granted when prior applications have been rejected on merit and there has been non-compliance with Supreme Court directives without any change in circumstances.
The court established that anticipatory bail can be granted even in cases involving serious allegations if the circumstances do not warrant custodial interrogation and the accused demonstrate a willi....
Provisional bail can be granted subject to conditions including repayment to the victim in embezzlement cases.
Points OF The Law : Perused first information report as well as the statement recorded by the prosecutrix under Section 164 Cr.P.C.
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