Ashok Kumar Singh vs State of Jharkhand

Learned Senior counsel for the petitioner has submitted that there are defect(s) being 9(i) to 9(vi) in the instant bail application, as pointed out by the

Stamp reporting dated 07.07.2020, but he has given an undertaking that he shall remove the defect(s) after the lockdown period is over and the bail

application may be heard as it is a regular bail in which the petitioner is in custody since 25.02.2020.

Considering the same, this Court is inclined to hear the bail application on its merits, but with condition that petitioner shall remove the defects within

30 days after the lockdown period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order within 30 days after the lockdown period is over so as to remove the

defect(s).

Heard learned counsel appearing for the petitioner and learned Public Prosecutor for the State.

The petitioner, who is accused for offence under Sections 409, 420, 467, 468 & 471 of the Indian Penal Code, prays for regular bail in connection with

Mandu (Kuju) P.S. Case No.192 of 2017 corresponding to G.R. No.844 of 2017.

Learned counsel for the petitioner has submitted that the alleged date of occurrence is of the Financial Year 2011-12 and after a long gap of five

years, the FIR has been lodged in the year 2017. The petitioner was working as S.P.M. Kuju Post Office and at the time of institution of FIR, he was

posted as Postal Assistant. It is alleged that the petitioner has defalcated a sum of Rs.17,01,000/- of various depositors in the Post Office where he

was working prior to the institution of the case and without prejudice to his rights, he being a Government servant has deposited Rs.21,00,000/- but

subsequently he has also been dismissed from the job.

Learned counsel for the petitioner has further submitted that the petitioner is in custody since 25.02.2020, as such, the petitioner may also be enlarged

on regular bail on any conditions.

Learned counsel for the State has opposed the prayer for regular bail and has submitted that unfortunately, the petitioner is a Government servant

working in the Postal Department and a huge amount of depositors has been defalcated which is a serious offence as such, he may not be enlarged on

bail.

Considering the rival submissions of the parties and since the petitioner has already deposited the defalcated amount and he has been dismissed from

the job for fair trial, as such, the petitioner above-named, is directed to be released on regular bail, on furnishing bail bonds of Rs.20,000/- (twenty

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

Mandu (Kuju) P.S. Case No.192 of 2017 corresponding to G.R. No.844 of 2017, subject to the following conditions :-

(i) One of the bailors shall be deponent of the present petition, namely, Rohit Ranjan S/o Om Prakash Kashyap, R/o Qr. No.B/12, Sector-8, CTI

Colony, H.E.C., Dhurwa, Ranchi having his UID NO. 8358 4814 6028.

Office is directed to send a copy of this order along with photocopy of the UID Card bearing No. 8358 4814 6028 of deponent to the court below so

as to verify the authenticity of the bailor/deponent.

(ii) Another bailor shall be Government servant.

(iii) The Jail Authority shall release the petitioner only after his medical check-up.

(iv) The Civil Surgeon, Ramgarh, is directed to medically examine the petitioner at the time of his release and if requires, petitioner shall be taken for

quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(v) Petitioner shall appear before the learned trial court on each and every date till conclusion of the trial, failing which, the trial court shall cancel the

bail bonds of the petitioner.

(vi) Petitioner shall also comply with all the guidelines issued by the Government so as to meet the challenges of Covid-19, as the country is passing

through Pandemic of Covid-19.