Anugrah Kumar Singh vs State of Jharkhand, through the C.B.I

Mr. Anant Bijay Singh, J.—Heard learned counsel for the parties.

The petitioner apprehending his arrest in connection with the case registered under Sections 409/420/120B r/w Sections 467/468/471 IPC and Section 13(2) r/w Section 13(1)(d) of the P.C. Act, 1988 prayed for grant of anticipatory bail.

This case was instituted by the CBI on information received through reliable source alleging misappropriation of underground cables by Rakesh Kumar (co-accused), the then SDE, North, BSNL, Ranchi. It was alleged that the petitioner entered into criminal conspiracy with others unknown during the period of October, 2013 to December, 2013 and Rakesh Kumar submitted requisitions for underground cable for different quantity and size which was forwarded by the concerned DEO (City), BSNL, Ranchi for approval of DGM (CFA), BSNL, Ranchi. When the approval was accorded, requisitions were manipulated by Rakesh Kumar to change the quantity and size of underground cable before taking the same to the SDE Stores for the purpose of cheating and using those requisitions as genuine. It was further alleged that issue vouchers were issued by SDE Stores in favour of Rakesh Kumar. The issue vouchers were handed over to the petitioner, who received the underground cables from the stores of BSNL, Dhurwa, Ranchi, but the same were not accounted for in the stock register of SDE, North BSNL, Ranchi. It was further alleged that by misappropriating underground cables, BSNL was put to a loss of Rs. 10,95,461/- and corresponding wrongful gain to the accused persons.

From perusal of the final form (page 12 of the supplementary affidavit dated 26.07.2016, it appears that the petitioner, proprietor of M/S Anugraha Enterprises, Dhurwa, Ranchi received the underground cables of 200 pair of 1037 meters, underground cables of 400 pair of 361 meter and underground cables of 800 pair of 791 meters on behalf of Rakesh Kumar, the then SDE, BSNL, Ranchi from Telecom Store, Dhurwa, BSNL, which were to be deposited in the store of the North Sub-division, BSNL, Ranchi located at Ratu Road Exchange along with concerned Gate Passes of Telecom Store, BSNL, Dhurwa. However, the petitioner in conspiracy with Rakesh Kumar neither deposited the aforesaid underground cables in the store at Ratu Road Exchange nor the same were utilised in North Sub-division, BSNL, Ranchi during the relevant period.

Learned counsel for the petitioner submitted that the investigation of the case been completed, final form been submitted and cognizance been taken. During course of investigation, the petitioner fully cooperated with the CBI personnel and whenever he was directed, he appeared and cooperated in the investigation. The C.B.I. never made any complaint for non-cooperation. There is no material on record to suggest that the petitioner interfered with the investigation or is trying to influence the trial and the witnesses. Learned counsel relied on a judgment of the Hon''ble Supreme Court in Sidhdharam Satlingappa Mehtre v. State of Maharashtra & Others reported in (2011) 1 SCC 694, wherein the Hon''ble Supreme Court laid down the facts and parameters, which have been taken for consideration while dealing with anticipatory bail.

"112. The following factors and parameters can be taken into consideration while dealing with the anticipatory bail:

(viii) While considering the prayer for grant of anticipatory bail, a balance to be struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused."

On the other hand, learned S.C(C.B.I) opposed the petitioner''s prayer for bail and submitted that the prayer for anticipatory bail of Rakesh Kumar been rejected by this Court vide order dated 08.07.2016 passed in A.B.A. No. 3417/2015.

Having considered the facts and circumstances of the case, the above named petitioner is directed to surrender before the concerned Court below within a period of two weeks. If he surrenders before the Court below within the said period, he shall be released on bail on furnishing bailbond of Rs. 25,000/- (twenty five thousand only) with two sureties of the like amount each to the satisfaction of Sri Akhil Kumar, learned Special Judge, C.B.I, Ranchi in connection with R.C. Case No. 06(A)/2014-R, subject to the conditions as laid down under Section 438(2) Cr.P.C and further that one bailer must be the close relative of the petitioner. The petitioner shall also deposit his Passport, if any, before the Trial Court and during trial, he shall fully cooperate with the CBI and also appear physically before the court below as and when required. If he wants exemption from appearance, he shall inform the CBI in advance and after taking necessary permission from the Special Court, he may be exempted from personal appearance.