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Judgment
19 paragraphs · 365 wordsHeard learned counsel for the petitioner and learned counsel for the State.
The present application has been filed for grant of regular bail to the petitioner in connection with Bardiha P.S. Case No.01 of 2020, registered for the
offence under Sections 406, 409, 419, 420, 467, 468, 472 and 120(B)/34 of the Indian Penal Code.
Learned counsel for the petitioner has argued that the petitioner is in judicial custody since 14.05.2020. The present case has been lodged at the
instance of Mr. Santosh Kumar, Panchayat Secretary of the Bardha area, who is otherwise responsible for keeping the records of the cheque- book.
It has been alleged that this petitioner after doing forgery, has transferred the government money, meant for work to the beneficiaries. The entire
transaction is account transfer and the trail of money is available as all the transferred money have been made to the alleged persons, who have
claimed themselves that they have got the payment against the work done. It has been further argued that the petitioner himself is a victim of the
forgery and he has not received a single paisa from the alleged account. It has been further submitted that there is no criminal antecedent of the
petitioner.
Counsel for the State has opposed the prayer for bail and submission has been advanced that the investigation is still in process, although, charge-sheet
has been filed against this petitioner.
From perusal of the records, it appears that transaction of money is through bank accounts to bank accounts. Further, it appears that there is some
forgery of signature and issuance of the cheque-book.
Considering the material available on record, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Ten
thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.1st Class, Garhwa in connection with Bardiha P.S.
Case No.01 of 2020, subject to condition that the petitioner will submit self-attested photocopy of his Aadhar Card and also submit his mobile number
before the learned court below which he will always keep active and will not change it during pendency of this case without prior permission of the
court.
