The High Court of Jharkhand granted regular bail to Kamakhya Singh, who was in custody for alleged defalcation of government funds, considering the investigation complete and him retired from service.
Directed release of the petitioner on bail by furnishing a bond of Rs. 10,000 with two sureties of similar amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 45 of 2023
....
Kamakhya Singh .… Petitioner
Versus
The State of Jharkhand .... Opposite Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Anil Kr. Singh, Adv. For the State : Mr. P.K.Chatterjee, A.P.P.
05/12.04.2023 The applicant who is in custody since 16.11.2022 has approached this Court for grant of regular bail in connection with Chattarpur P.S. Case No.153/2012, corresponding to G.R. Case No.2331/2012, registered for the offence under Sections 467/ 468/ 471 and 409 of IPC.
It has been submitted by learned counsel for the applicant(s) that complete set of F.I.R. alongwith its enclosure have been annexed with this bail application and there is no suppression on his/her part .
Innocence has been claimed and undertaking has been given for participation in the trial. It has been submitted by learned counsel for the applicant that although he is named accused in the F.I.R. for not paying the wages to the labourer but he has never received the amount of Rs.17 lac as has been alleged by the co-accused, namely, Pramod Kumar Lal Das. Further, he was working under the controlling authority i.e. Forest Range Officer. Further, the F.I.R. is of the year 2012 and he stood retired much earlier. Investigation is complete. On above basis prayer for bail has been made.
Learned A.P.P. has opposed the prayer for bail of the applicant and submitted that it is clear cut case of defalcation of government money.
Considering the fact that the investigation is complete and the applicant has also retired from the service, I am inclined to enlarge the applicant on bail. Accordingly, the applicant, named above, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Palamau in connection with Chhattarpur P.S. Case No.153/2012, corresponding to G.R. Case No.2331/2012, subject to the conditions that the applicant will submit self-attested copy of his/her/their Aadhaar Card and also give his/her/their mobile number before the learned court below which he/she/they will not change during pendency of this case without prior permission of the court.
(Rajesh Kumar, J.)
Shahid/
2 issues framed by the court
Whether bail should be granted to the petitioner who is in custody for alleged defalcation of government money.
Whether the petitioner's retirement and completion of investigation warrant release on bail.
Kamakhya Singh
The State of Jharkhand
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
