A.B.A./7973/2023 of MAHADEO MODI Vs THE STATE OF JHARKHAND on 22 December 2023

1. The State of Jharkhand

2. Shyam Prasad Bernwal @ Shyama Modi ….. Opp. PartiesWITH WITH

A.B.A. No. 6016 of 2023

….. Petitioner

Arjun Modi @ Arjun Prasad Burnwal

Versus

1. The State of Jharkhand

2. Shyam Prasad Bernwal @ Shyama Modi ….. Opp. Parties

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioners : Mr. Umesh Kumar Choubey, Advocate. For the State : Mr. Gautam Rakesh, A.P.P. For the O.P. No. 2 : Mr. Gaurang Jajodia, Advocate.

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Order No. 05/Dated: 22[nd] December, 2023

Heard, learned counsel for the parties.

Apprehending their arrest in connection with Complaint Case No. 219 of 2021 instituted under Sections 406, 420, 423, 464, 465, 192 and 199 of the Indian Penal Code, the petitioners have moved to this Court for grant of privilege of anticipatory bail.

As per complaint case, allegation is that accused petitioners by preparing false documents, withdrew the entire compensation amounts of Award Nos. 6 and 7 prepared for giving compensation for acquisition of land widening of N.H.-02.

Learned counsel for the petitioners has submitted that petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case. It is submitted that genealogy furnished by the complaint itself shows that both the parties have share in Khata No. 109, Plot No. 272, Area 28 decimals. It is lastly submitted that the petitioners undertake to co-operate with the trial of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioners. Hence, the petitioners may be extended the privilege of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

The matter pertains to illegal withdrawal of money from the Acquisition Department by the present petitioners. The learned court below has taken cognizance for the offences under Sections 406, 420 of the I.P.C. on the ground that false genealogy has been presented by the petitioners before the Land Acquisition Officer and also obtained compensation amount. Admittedly, the complainant has not raised any objection before the Land Acquisition Officer and straightway the complainant has filed this complaint case. It appears that earlier petitioners have filed anticipatory bail application i.e. A.B.A. No. 108 of 2023, which was disposed of in view of the guidelines of Satender Kumar Antil Vs. Central Bureau of Investigation & Another, but later on the petitioners have filed the present anticipatory bail applications with information that due to inadvertence, it was apprised to this Court that only summons has been issued against the petitioner, but infact non-bailable warrant was also issued at that time. Hence, petitioners have apprehension of being taken into custody.

Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record and also the fact that the complainant has not raised dispute before the Land Acquisition Officer and earlier the anticipatory bail application of the petitioner was disposed of, I am inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1[st] Class, Hazaribagh in connection with Complaint Case No. 219 of 2021 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their 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.

(Pradeep Kumar Srivastava, J.)