Akash Kumar Sinha vs State of Jharkhand

Heard the parties through video conferencing.

Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the

present.

Apprehending his arrest in connection with Pathargama P.S. Case No. 121 of 2020 instituted under Sections 420, 409 of the Indian Penal Code, the

petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner while working as a computer

operator of Circle Office, Pathargama was instrumental in disbursement of money to seven persons, who were not registered as the beneficiaries of

P.M. Kishan Samman Nidhi Yojna nor the XML was uploaded and when the petitioner was asked then he confessed that he got registered few

beneficiaries in Pradhan Mantri Kishan Samman Nidhi Yojna Portal, Godda and the said beneficiaries got the benefit of the government money

illegally and the petitioner disclosed that he did the entry of the applications of the beneficiaries which were brought before him by Home Guard

No.1137. It is submitted that the allegation against the petitioner is false. Drawing attention of this Court towards Anneuxre-2 of the brief which is the

letter of the Circle Officer, Pathargama to the Additional Collector, Godda wherein it has been mentioned that because of the Mis Reflection and

jumping of the data, error has occurred and the same was earlier brought to the notice of the Additional Collector as well. It is next submitted that

there is no allegation against the petitioner of misappropriating of any money. It is lastly submitted that the petitioner is ready and willing to co-operate

with the investigation of the case and undertakes to deposit Rs.1,00,000/- with the Deputy Commissioner, Godda without prejudice to his defence in

this case subject to final decision of this case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to

the petitioner. Accordingly, the petitioners are directed to surrender in the Court of learned Judicial Magistrate, 1st Class at Godda within eight weeks

from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on showing proof deposit of Rs.1,00,000/- with Deputy

Commissioner, Godda without prejudice to his defence in this case and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties

of the like amount to the satisfaction of learned Judicial Magistrate, 1st Class at Godda in connection with Pathargama P.S. Case No. 121 of 2020

with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and

furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of

the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In case the petitioner deposits Rs.1,00,000/-, learned court below will pass an appropriate order regarding the same at the time of conclusion of trial.