MOHAMMAD ANWAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No.6225 of 2021 registered under Sec. 406/ 420/467/468/120B/34 of the Indian Penal Code.

(3.) The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners entered into a development agreement with the mother of the complainant according to which the flat in question has been sold by the petitioners allotted to the share of the mother of the complainant by misusing the power of attorney and committing criminal conspiracy by way of cheating, knowing pretty well that the contents of the agreement entered into between the parties and the power of attorney was not for the properties sold to the co-accused 'Aftab Alam, still sold the same to the said Aftab Alam. It is further submitted that the allegations against the petitioners are all false and the complainant has no locus standi to institute the case as undisputedly, the mother of the complainant 'Gulshan Ara @ Bibi Gulshan is alive. It is next submitted that the petitioners undertake to jointly pay Rs.40,50,000.00 to the mother of the complainant ' Gulshan Ara @ Bibi Gulshan without prejudice to their defence in this case, subject to final decision of the case and also undertakes to cooperate with the trial of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.