- (1.) Heard counsel for the petitioner and the counsel for the State. The petitioner is apprehending his arrest in this case registered under Sections 406, 420/34 of the I.P.C., pending in the court of judicial Magistrate, 1st Class, Ranchi.
(2.) The prosecution case, in brief, is that one Rohit Fogla gave a written report to the Officer Incharge of Bariatu Police Station that he is working in Pronami Estate Private Limited office at Kutchery Road. It is stated that at Kutchery Road, Ranchi, four months back, S.ICGupta along with Harish Chandra Lala (the petitioner) came in the office and had met: Vijay Kumar Agrawal, Director of the company. The said S.K. Gupta, have a proposal that he can get the deal arranged with respect to the land at Mouza Doranda in Khata No. 6, Plot No. 14 & 16, total area of 60 Katthas, which is known as M/s Tiwary Bechers, whose owner is Smt. Rup Kumari residing in Jamshedpur and a photocopy of the papers of the land was also submitted, thereafter, after one month, S.K. Gupta, Harish Chandra Lala came and the said Gupta disclosed that Shushant Kumar is well connected with Smt. Rup Kumari and he will help them in the dealings. Whereupon, Vijay Kumar Agrawal gave Rs. 25,00,000/- (Twenty Fife Lakhs) to S.K. Gupta on 26.9.2010. It is further alleged in the said written report that on 3.11.2010, the aforesaid Shushant Kumar along with his wife and Harish Chandra Lala (the petitioner) came and disclosed that they should be paid Rs. 1 Crore 45 Lakhs as margin money for the dealings, and thereafter, Vijay Kumar Agarwal, on 3.11.2010, paid Rs. Five Lakhs to Shushant Kumar in presence of his wife namely Sudhu Priya, Harish Chandra Lala (the petitioner). Thereafter, on 29.12.2010, Shushant Kumar came and disclosed that the deal could not be materialised as the negotiation is still going on and he asked Vijay Kumar Agarwal to come to his house on 30.12.2010 as Smt. Rup Kumari Tiwary is coming at Ranchi on that very date and the agreement will be signed on that very date. The said Shushant Kumar again asked to pay Rupees Sixty Lakhs, but ultimately, it was settled at Rs. thirty Lakhs. Thereafter, Shushant Kumar asked Mr. Agrawal and his associates to come to his house at Morabadi with the aforesaid money and thereafter the agreement will be made. On 30.12.2010, at about 1:30 P.M., Vijay Kumar Agrawal, informant and other few persons went to the flat of Shushant Kumar. The said Shushant Kumar was present at that time in his flat and on that very date, Vijay Kumar Agrawal paid a sum of Rs. Thirty Lakhs to Shushant Kumar, for which he has given a Receipt also. Shushant Kumar has told them that Smt. Rup Kumari Tiwary is coming and already she has started from Jamshedpur to Ranchi and at about 4:00 P.M., she will reach Ranchi. Upon this information, Vijay Kumar Agrawal keeping the informant and other persons at the said place, he himself went away and told that when Smt Rup Kumari Tiwari will reach Ranchi and on their information, he will come again for dealing. At about 4:30 P.M. the said Sushant Kumar told them that Rup Kumari Tiwary has already reached at Ranchi, but, on the information, again Sushant Kumar left the place saying that she is coming after some time. Thereafter, all the aforesaid persons waited there up to 5:00 P.M. In the meantime, the co-accused namely Nirmal Kumar Pa] came there and assured them that Shushat Kumar along with Rup Kumari Devi is coming and they will reach within an hour. At about 7:00 PI some persons of Yes Packers and Movers came and started packing the. articles, which are in the said fiat. On being asked them, they told that a these articles will go to Patna. Thereafter, on enquiry, the informant has come to know that the said Shushant Kumar was the tenant of that house and now he has left the house. It is further alleged that (sic) Shushant Kumar along with his wife Sudhu Priya, Harish Chandra Lala (the petitioner), Nirmal Kumar Pal, S.K. Gupta all of them cheated the informal and Vijay Kumar Agrawal in this way.
(3.) Counsel for the petitioner Mr. A.K. Sahani, has submitted that there is no allegation against the present petitioner that he has taken any amount of money from the informant or from Vijay Kumar Agrawal, who is the Director of the company of M/s Pronami Estate Private Limited. It is further submitted that the petitioner is a respected person and he has been implicated in this case only due to some enimity. It is also submitted that the petitioner is standing on the similar footing with the co-accuse;: Nirmal Kumar Pal, who has been granted regular bail by the court below on the ground that the informant has compromised the matter with the said Nirmal Kumar Pal. Counsel for the State has pointed out that the petitioner was always present with the said Shushant Kumar in the matter of dealing and also at the time of giving money to said Shushant Kumar and not only that, it has come in the investigation that the Receipt granted by Shushant: Kumar, the present petitioner has signed as witness in the said Receipt. E; is further contended that in the investigation, the Investigating Officer has recorded the statement of a number of witnesses and all the witnesses supported the case of the prosecution and also named this petitioner, which shows that the petitioner is involved in the commission of the offence.;