Paramhansh Singh son of Late Bindeshwar Singh v. State of Jharkhand
2025-02-19
ANIL KUMAR CHOUDHARY
body2025
DigiLaw.ai
JUDGMENT : ANIL KUMAR CHOUDHARY, J. Heard the parties. 2. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Keredari P.S. Case No. 126 of 2022 registered under Sections 379, 406, 447, 506, 34 of the Indian Penal Code. 3. Learned senior counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioner no. 1 being the Senior Project Manager (now retired) and the petitioner no. 2 being the Project Manager of M/s Larsen & Toubro Construction Limited, have in furtherance of common intention with the co-accused persons, trespassed to the premises of the informant, committed theft of his machineries by breaking open the lock of the storage and committed criminal breach of trust. It is then submitted that the allegations against the petitioners are all false and those allegations are general and omnibus in nature. It is further submitted by the learned senior counsel for the petitioners that the informant who is the proprietor of M/s Utsav Enterprises, was awarded a contract for coal Handling Plant Part-A, package for Keredari but the said M/s Utsav Enterprises suddenly stopped the work completely on 22.03.2022, without any valid reason. After the work was stopped, several sub-vendors/labourers appointed by the informant as also the individual labourers approached the petitioners, for payment of their dues not paid by M/s Utsav Enterprises and also threat was advanced to M/s Larsen & Toubro Construction Limited for stoppage of work; unless such payment was not released, therefore, M/s Larsen & Toubro Construction Limited being the principal contractor made payments to the sub-vendors/labourers in terms of the final measurement, with due diligence. It is next submitted that M/s Utsav Enterprises has an outstanding liability to the tune of Rs. 3,73,85,818/- towards M/s Larsen & Toubro Construction Limited and because of non-payment of dues by M/s Utsav Enterprises to the labourers and others, a sum of Rs. 67,19,011/- was to be incurred by M/s Larsen & Toubro Construction Limited and as M/s Larsen & Toubro Construction Limited required M/s Utsav Enterprises to pay approx. Rupees Four crores to M/s Larsen & Toubro Construction Limited, hence, as a counterblast, the complaint case no.
67,19,011/- was to be incurred by M/s Larsen & Toubro Construction Limited and as M/s Larsen & Toubro Construction Limited required M/s Utsav Enterprises to pay approx. Rupees Four crores to M/s Larsen & Toubro Construction Limited, hence, as a counterblast, the complaint case no. 2291 of 2022 was instituted by the informant; which upon being referred to the police under Section 156 (3) of CrPC, the FIR vide Keredari P.S. Case No. 126 of 2022 has been registered. It is next submitted that the petitioners have no criminal antecedent. It is further submitted by learned senior counsel for the petitioners that the offence involves the maximum punishment of three years and there is no allegation of entrustment of any property to the petitioners nor there is any allegation of any dishonest misappropriation of the same, hence, the offence punishable under Section 406 of IPC is not made out against the petitioners. It is next submitted that the informant was working on the sight of the company and all the equipment including tools, machineries etc. belong to M/s Larsen & Toubro Construction Limited, hence, the offence punishable under Section 379 of IPC is not attracted as the site was of the M/s Larsen & Toubro Construction Limited, hence, the offence punishable under Section 447 of the IPC against the petitioners is not made out. It is next submitted that the petitioners are ready to co- operate with the investigation of the case and they undertake not to annoy or disturb the informant in any manner during pendency of the case hence, the petitioners be given the privilege of anticipatory bail. 4. The learned Spl. PP and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioner. It is further submitted by learned counsel for the informant that the petitioners have not so far appeared before the police in respect of the notice under Section 41 A of CrPC. 5. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioners shall be released on bail on furnishing bail bond of Rs.
5. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioners shall be released 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 CJM, Hazaribag in connection with Keredari P.S. Case No. 126 of 2022 subject to the condition that the petitioners will not annoy or disturb the informant in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under Section 482 (2) of BNSS, 2023.