Biren Pramanik And Ors vs State of Jharkhand

Heard the parties.

Since all the applications arise out of a common FIR, the same are being disposed of by this common order.

All the petitioners are apprehending their arrest in connection with Chandil P.S. Case No. 47 of 2019 registered for the offences punishable under Sections 409, 420, 467, 468, 120(B) & 34 of I.P.C.

It has been alleged that the Up Mukhiya (petitioner in ABA No. 6991 of 2019) of village Maisara, Block Ichagarh, Seraikella had fraudulently tampered with the government documents in connection with Swarnrekha Multipurpose Project and fraudulently embezzled the money of the beneficiaries.

It has been stated by Mr. Mahesh Tewari, learned counsel for the petitioner that earlier also in 2015, a complaint was made by Hemant Gope, who happens to be the brother-in-law of the beneficiary Sarathi Gope and on account of the said complaint, the Superintendent of Police had got conducted a detailed inquiry through Rajnagar Police Station and Ichagarh Police Station. It has been stated that the house of the in- laws of Sarathi Gope (petitioner in ABA No. 351 of 2020) is situated under Rajnagar Police Station while the parental home of the said petitioner is situated at Ichagarh Police Station. Learned counsel for the petitioner further submits that on a detailed inquiry, reports were submitted by the concerned police stations as noted above and it was concluded that Sarathi Gope is the wife of late Niranjan Gope. Learned counsel while referring to a communication dated 11.08.2017 issued by the Rehabilitation Officer No. 2, Swarnrekha Multipurpose Project, Chandil and addressed to the Additional Director, Land Acquisition and Rehabilitation, Swarnrekha Multipurpose Project, Adityapur has stated that it was clearly opined that the allegations levelled by Hemant Gope was ill founded in view of the reports and therefore, no further action was needed to be taken. Mr. Tewari, learned counsel for the petitioner while referring to the counter affidavit of the respondent no. 3 filed in ABA No. 6991 of 2019 has submitted that the opposite party no. 3 who had sworn the said counter affidavit had neither discussed about the communication dated 11.08.2017 or the inquiries conducted by the Rajnagar Police Station as well as Ichagarh Police Station. It has been submitted that there has been an error in the Aadhar Card to the extent that the name of the father of Sarathi Gope is Vidya Sagar Gope, but it has wrongly been entered as being the husband of Sarathi Gope. Learned counsel further submits that once the issue involved having already been settled in view of the inquiry report submitted by various authorities, the subsequent complaint made by Hemant Gope does not have any locus standi in view of the earlier decision taken. He has further submitted that so far as the petitioner Jadupati Gope (in ABA No. 6991 of 2019) is concerned, he is Up-Mukhiya of village Maisara, Block Ichagarh, Seraikella. The petitioner - Biren Pramamin (in ABA No. 291 of 2020) is a Mapak in the Swarnrekha Multipurpose Project. The petitioner - Sarathi Gope (in ABA No. 351 of 2020) is the beneficiary being the legitimate wife of late Niranjan Gope. Under such circumstances, the learned counsel for the petitioner therefore prays that all the petitioners be extended the privilege of anticipatory bail.

Mr. Sachin Kumar, learned counsel for the opposite party no. 3 has stressed upon the counter affidavit filed in ABA No. 6991 of 2019. It has been stated that angle of conspiracy has clearly come to light which would indicate that all the petitioners in concert had created forged documents and had thereafter on the basis of said documents had got the rehabilitation package transferred in the account of petitioner - Sarathi Gope. It has been stated that irrespective of the two police station reports submitted by Rajnagar Police Station and Ichagarh Police Station, the overwhelming materials available on record would indicate the direct complicity of the petitioner. He further submits that so far as the petitioner - Biren Pramanik is concerned, it appears that rehabilitation grant was verified by him and recommendation was made in favour of Sarathi Gope and final rehabilitation grant was also sanctioned by Biren Pramanik after local inspection. It was also found that there was interpolation in the Vikas Pustika No. 4053 made on 05.04.2013 and on the same day, the name was changed in the Master Card. So far as the petitioner - Sarathi Gope is concerned, learned counsel for the opposite party no. 3 submits that in the Voder Id as well as in the Aadhar Card, the husband of Sarathi Gope has been depicted as Vidya Sagar Gope. It has further been stated that Jadupati Gope who was the Up-Mukhiya of village Maisara, Block Ichagarh, Seraikella, was the king-pin in setting up Sarathi Gope as the beneficiary and getting the amount transferred in the account of Sarathi Gope. It has been stated that on 17.03.2015 and 25.03.2015, an amount of Rs. 2,50,000/- and Rs. 4 lacs were withdrawn and on 25.03.2015, the amount of Rs. 4 lac was deposited in the account of Jadupati Gope. Learned counsel further submits that Jadupati Gope had issued a certificate in favour of Sarathi Gope dated 12.12.2013 with respect to opening of an account in favour of Sarathi Gope. He further adds that it was Jadupati Gope who had orchestrated the entire conspiracy apart from opening of account of Sarathi Gope for which all the documents were fabricated and forged and ultimately an amount of Rs. 4 lac was deposited in the account of Jadupati Gope, which was in the same bank in which the account of Sarathi Gope was opened. Learned counsel concludes by stating that the entire facts and circumstances of the case would therefore indicate the involvement of all the petitioners in committing the offence.

It appears from the entire gamut of allegations as well as the various affidavits which have been filed by the petitioner as well as the opposite party no. 3 that there had been an inquiry conducted by the Rehabilitation Officer No. 2, Swarnrekha Multipurpose Project on the direction of Director, Land Acquisition and Rehabilitation, Swarnrekha Project, Jamshedpur in which it has been detected that the photograph pasted on Aadhar card was not the photograph of wife of late Niranjan Gope. It has also been stated that in the Aadhar card of Sarathi Gope, the name of husband was mentioned as Vidya Sagar Gope. As stated above, the amount of Rs. 4 lacs which was deposited in the account of Jadupati Gope was on the same day withdrawn from the account of Sarathi Gope. The application form was verified by Biren Pramanik who was the Mapak in the Swarnrekha Multipurpose Project and who was also instrumental in forwarding the grant in favour of Sarathi Gope.

Although, learned counsel for the petitioners had stressed much upon the inquiry conducted by Rajnagar Police Station and Ichagarh Police Station and it was concluded that Sarathi Gope is the wife of late Niranjan Gope, but merely on the basis of such inquiry it cannot be concluded with certainty that the Sarathi Gope is the wife of late Niranjan Gope in the face of overwhelming materials including documentary proofs which have been collected and which would indicate that in a wider conspiracy, all the three petitioners were involved by setting up Sarathi Gope as wife of late Niranjan Gope whereas in the Aadhar Card, she is the wife of Vidya Sagar Gope. An inquiry was conducted and the rehabilitation grant was deposited in the account of Sarathi Gope and substantial amount of money was subsequently withdrawn and transferred in the account of Jadupati Gope. Such circumstances indicate the complicity of the petitioners who had acted in concert in duping Hemant Gope who is the brother of late Niranjan Gope and on whose complaint the entire fraudulent activities had come to the fore on inquiry.

Such circumstances, therefore, do not entitle the petitioners the grant of anticipatory bail. Accordingly, the prayer for anticipatory bail of all the petitioners is hereby rejected.

Pending I.A. also stands disposed of.