Asharfi Thakur 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.

The petitioner has been made accused in connection with Garhwa P.S. Case No. 125 of 2018 (G.R. No.641 of 2018) registered under sections 406,

409, 420, 467, 468, 471 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with the co-accused- Akram Ansari was

involved in transferring the money in the name of beneficiaries of the first installment of payment made to the beneficiaries under Prime Minister

Awas Yojna. It is submitted that the allegation against the petitioner is false. It is next submitted that the co- accused Md. Akarm Ansari himself

opened an account and hacked software and transferred the amount in fake account number. It is further submitted that no incriminating articles have

been recovered from the possession of the petitioner. It is also submitted that the co- accused, with similar allegation, has been admitted bail by this

Court vide order dated 15th October, 2019 passed in B.A. No.633 of 2019. It is then submitted that the petitioner undertakes to co-operate with the

trial of the case. It is lastly submitted that the petitioner has been in custody since 05.11.2020 as mentioned in paragraph 13 of the bail application.

Hence it is submitted that the petitioner be released on bail.

Learned Addl. P.P. opposes the prayer for bail.

Considering the facts of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty

five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Garhwa in connection with Garhwa

P.S. Case No. 125 of 2018 with the condition that he will co-operate with the trial of the case.