Single Judge of Jharkhand HC granted anticipatory bail to a petitioner charged under the MANREGA scheme for defalcation of funds, subject to a co-accused depositing the amount and the petitioner surrendering within four weeks.
Grants anticipatory bail subject to co-accused depositing the amount and petitioner surrendering within four weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2422 of 2020
Rajesh Kumar. ….. Petitioner
Versus The State of Jharkhand …. Opposite Party
Coram: THE HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. A.K. Chaturvedy, Advocate For the State : Mr. Ravi Prakash, Special P.P. --------
02/1-9-2020
Heard the parties.
Defects, as pointed out by the office, are ignored.
The petitioner apprehends his arrest in connection with Sadar Chatra P.S. Case No. 184 of 2015, G.R. No. 948 of 2015.
It has been alleged that under the MANREGA, in certain schemes, the sanctioned amount was withdrawn without completing the work.
The petitioner was the Junior Engineer at the relevant point of time. The defalcated amount is to the tune of Rs.2,74,522/-. One of the Junior Engineers namely Kedar Prasad Singh has been granted anticipatory bail by this Court in A.B.A. No. 4845 of 2019 subject to the deposit of Rs. 2,74,522/-.
Learned counsel for the petitioner on being questioned has not been able to state as to whether the said amount has been deposited by the accused Kedar Prasad Singh or not.
In such circumstances, therefore, since the co-accused has been granted anticipatory bail by this Court in A.B.A. No. 4845 of 2019 albeit on certain conditions as indicated above, I am inclined to grant anticipatory bail to the petitioner subject to the condition that the co-accused Kedar Prasad Singh has already deposited an amount of Rs.2,74,522/- as indicated in the order passed in A.B.A. No.4845 of 2019.
If the directions passed in A.B.A. No.4845 of 2019 has been followed and the amount in question in the said order has already been deposited by Kedar Prasad Singh, the petitioner, named above, in such event, shall surrender in the court below within a period of four weeks from today and pray for regular bail, and in that event, he will be enlarged on bail, on furnishing bail bond of Rs.10,000/- ( Ten thousand only) with two
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sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chatra, in connection with Sadar Chatra P.S. Case No. 184 of 2015, G.R. No. 948 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This application stands allowed with the aforesaid conditions.
( Rongon Mukhopadhyay, J)
Rakesh/-
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner subject to the deposit of the defalcated amount by a co-accused.
The conditions under which the petitioner may surrender and obtain regular bail.
Colour shows how this judgement treated each authority
A.B.A. No. 4845 of 2019Referred¶13
1 provisions across 1 enactments
Rajesh Kumar
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
