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2023 Supreme(Jhk) 548

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Pradeep Kumar Srivastava, J.
Nand Dulare Singh @ Nand Dularey Singh - Petitioner
Versus
The State of Jharkhand and ors. - Opposite Parties
A.B.A. No.9644 of 2022
Decided On : 19-06-2023

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ashok Kr. Singh, Advocate
For the Opposite Party : Mrs. Lily Sahay, A.P.P., Mr. Lalan Kr. Singh, Adv.

Headnote:

Indian Penal Code,1860 – Sections 406, 420, 467, 468, 471, 504, 506 and 120-B – Offence of Cheating – Forgery of valuable security, will, etc – Criminal Intimidation – Criminal Conspiracy – Anticipatory bail – Held, It appears that main dispute is regarding manipulation of power of attorney alleged to be executed jointly by informant and the petitioner - In pursuance of said power of attorney, no transaction of sale has been entered into between the parties and it is a case of civil nature and the dispute may be decided on merits – Nature of allegation against petitioner coupled with materials available on record, Court inclined to extend privilege of anticipatory bail to petitioner – Order accordingly.

ORDER :

1. Heard learned counsel for the parties.

2. Apprehending his arrest in connection with Hazaribag Muffasil P.S. Case No. 172 of 2021 instituted under Sections 406, 420, 467, 468, 471, 504, 506 and 120-B of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.

3. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is further submitted that petitioner is own brother of the informant and there is land dispute between the parties, inspite of execution of power of attorney and its area mentioned in the FIR. It is further submitted that at the time of measuring the land, the informant came to know about the facts that in place of 10 decimals area, 28 decimals area was entered into the power of attorney and in one page the signature of informant was missing but the informant is still in possession of land. Petitioner has no criminal antecedents. Petitioner undertakes to co-operate with the investigation of the case. Hence, the petitioner may be extended the privilege of anticipatory bail.

4. Learned Addl. P.P appearing for the State assisted by learned counsel for the informant opposes the prayer for anticipatory bail of the petitioner and submits that there are serious allegations against the petitioner showing his involvement in the alleged offence of cheating. Hence, petitioner may not be extended privilege of anticipatory bail.

5. It appears that the main dispute is regarding manipulation of power of attorney alleged to be executed jointly by the informant and the petitioner. In pursuance of the said power of attorney, no transaction of sale has been entered into between the parties and it is a case of civil nature and the dispute may be decided on merits.

6. Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged 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 learned CJM, Hazaribagh in connection with Hazaribag Muffasil P.S. Case No. 172 of 2021 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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