SARDENDU DUTTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Lalpur P.S. Case No.275 of 2022 registered under Sec. 420, 406 of the Indian Penal Code.

(2.) Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioner No.2 took Rs.20,00,000.00 from the informant by way of investment by creating a partnership in the name and style of Dhuwa Bar and Restaurant in which the informant was having 27% share from the profit, petitioner No.2 was having 39% share from the profit and another partner namely Chitranjan Kumar was having 34% share from the profit and the petitioner No.1 has been arrayed as an accused only because he is the husband of the petitioner No.2. It is submitted that the allegation against the petitioners is false. It is further submitted that the dispute between the parties is basically a civil dispute. It is further submitted that the petitioners are not liable for the loss occasioned in the business. It is next submitted that on 27/11/2021, an Arbitrator has been appointed by the petitioner as the sole arbitrator and the informant has been called upon to attend the arbitration proceeding. It is then submitted that there is no allegation against the petitioners to deceive the informant since the beginning nor is there any criminal misappropriation of the amount of money invested by the informant. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State being assisted by the learned counsel for the opposite party No.2 oppose the prayer for anticipatory bail of the petitioners.

(3.) Considering the submissions of the counsels and the fact that the dispute between the parties is basically a civil dispute and in the absence of any allegation of the petitioners having any intention to deceive the informant since the inception and in the absence of any allegation of dishonest misappropriation of the money invested by the informant in the said partnership business, I am of the opinion that it is a fit case where the above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on furnishing bail bond of Rs.25,000.00 (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Ranchi, in connection with Lalpur P.S. Case No.275 of 2022 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case subject to the conditions laid down under Sec. 438 (2) Cr. P.C.