Anup Topno And Others vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard the learned counsel for the petitioners as well as the learned counsel for the respondent State.

The petitioners are apprehending their arrest in connection with Kamdara P.S. Case No.64 of 2022, for the offence registered under sections 420, 467, 468, 471, 409, 120(B)/ 34 of the IPC, pending in the court of learned Judicial Magistrate 1st Class, Gumla.

The learned counsel for the petitioners submits that there are allegations of not completing nine projects of the panchayat wherein the petitioners were only looking into one of the project and there is no direct allegation of defalcation of government money against these petitioners. He further submits that so far two accused persons are concerned, they have been granted privilege of anticipatory bail considering that the project has been completed in A.B.A. No.9216 of 2023 and A.B.A. No.9215 of 2023, respectively.

The said prayer of the petitioner is being opposed by the learned counsel for the respondent State on the ground that the allegation of defalcation of government money is there.

Considering that two of the accused persons have been granted privilege of anticipatory bail in the aforesaid A.B.A. and it has come in the said order that the project has already been completed and the petitioner was looking after one of the project, as such, I am inclined to grant privilege of anticipatory bail to the petitioners.

Accordingly, the petitioners, above named, are, hereby, directed to surrender before the learned court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each, with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st Class, Gumla, in connection with Kamdara P.S. Case No.64 of 2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.