Chandeshwar Kapar vs State Of Jharkhand

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Vigilance P.S. Case No.14 of

2017 arising out of Pakur (Muffasil) P.S. Case No.467 of 2013 registered under sections 406/409/ 420/120B of the Indian Penal Code and section 13

(1) (d) of the Prevention of Corruption Act.

Heard the learned counsel for the petitioner and learned Addl. P.P. for the State.

The learned counsel for the petitioner submits that the only defect pointed out by the office is regarding filing of typed copy of the hand written

documents of the certified copy which has been filed. It is next submitted by the learned counsel for the petitioner that the certified copy was supplied

as such by the copying establishment of the Civil Court, Dumka, to the petitioner hence the petitioner is not able to improve upon the quality of the

same or to make them legible. Hence, it is submitted that the defect pointed out by the Stamp Reporter vide serial nos. 9(i) & 9(iii) be ignored.

In view of the submission made by the learned counsel for the petitioner, the defects pointed out by the Stamp Reporter vide serial nos. 9(i) & 9(iii)

are ignored.

It is submitted by the learned counsel for the petitioner that the petitioner was posted as District Cooperative Officer, Pakur at the relevant time and

during the year 2012-2013 Tilbhatta LAMPS was granted a sum of Rs.2,20,98,000/- for purchasing paddy from agriculturists and sending the same to

rice mill for milling. It is further submitted that the allegation against the petitioner is that he along with the co-accused persons has grabbed

government money to the tune of Rs.1,20,86,925/- in the name of purchasing and milling of the paddy. It is further alleged that the Tilbhatta LAMPS,

Pakur, without any authority executed an agreement with Maa Agro Food Products Bammangama, Tinpahar in the district of Sahibganj for milling of

paddy though the said mill has no capacity for converting the boiled paddy into rice. It is next submitted by the learned counsel for the petitioner that

the co-accused â€"Jaiaul Haque @ Jiaul Ansari has deposited Rs.69,16,575/- with the District Manager, Jharkhand State Food Corporation and the

another co-accused â€"Dilip Kumar Arya has already given 1150 quintals of rice to the Tilbhatta LAMPS and furnished the bail bonds upon issuance

of certificate to that effect by the Investigating Officer of the case. It is next submitted that the main role of the petitioner was to purchase paddy

from the farmers looking into the quality of paddy and to weigh and to maintain the register regarding the paddy sent to the mill and to release the fund

to Tilbhatta LAMPS and to make payment to the farmers through account payee cheques. It is then submitted that since the alleged amount has

already been deposited and the deficit rice has already been deposited by the co-accused persons, hence, it is submitted that the petitioner be given the

privilege of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner

be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he

shall be released on bail on satisfying the court concerned that the co-accused - Jaiaul Haque @ Jiaul Ansari has already deposited Rs.69,16,575/-

with the District Manager, Jharkhand State Food Corporation and the Investigating Officer of the case has issued a certificate to the effect that the

co- accused â€"Dilip Kumar Arya has given 1150 quintals of rice in terms of the order dated 26.03.2019, passed in A.B.A. No. 5013 of 2019 to the

Tilbhatta LAMPS and in case he fails to satisfy the court below concerned of the aforesaid facts, then he shall be released on bail on showing the

proof of deposit of Rs.46,00,000/- with the District Manager, Jharkhand State Food Corporation and 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 Special Judge (A.C.B), Dumka, in connection with

Vigilance P.S. Case No.14 of 2017 arising out of Pakur (Muffasil) P.S. Case No.467 of 2013 with the condition that the petitioner will cooperate with

the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of

his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the

conditions laid down under section 438 (2) Cr. P.C.