Gopal Prasad vs State Of Jharkhand

Heard the parties.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with A.C.B. Case No. 04 of 2018

registered under Sections 420/467/ 468/471/477A/120B of the Indian Penal Code and Section 13 (2) read with section 13(1) (C) of Prevention of

Corruption Act.

Learned counsel appearing for the petitioner submits that the Joint Secretary, Water Resource Department of Government of Jharkhand, Ranchi

directed the informant to lodge this case. The allegation against the petitioner is that for the work relating to Keso Reservoir Project Rs. 66,93,99,000/-

was allotted to one Vijeta Construction Ltd., Ranchi and in response thereto, an agreement on 23.03.2007 was executed. The payment schedule and

the construction schedule were approved by the Chief Engineer, Water Resource Department, Jharkhand and same was divided into 22 components

described in the FIR. The allegation of excess payment was raised in the State Level Meeting under the Chairmanship of the then Principal Secretary,

Water Resources Department, Jharkhand, and a technical committee was constituted for enquiry about the alleged excess payment. The Technical

committee assessed the value of the work completed by the Contractor to the tune of Rs. 24,39,044/- and thus, an excess payment of Rs. 20,35,772/-

was alleged to have been made to the Contractor. The Government decided to get a fresh enquiry conducted through Technical Cell (Vigilance)

committee which found the excess payment of Rs. 12,86,61,058/-. Learned counsel for the petitioner submits that the petitioner is innocent. It is

further submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case as the petitioner was working as

Junior Engineer in the Keso Reservoir Project from 20.03.2007 to 15.10.2008 and at present, the petitioner is working as Junior Engineer in the office

of Rehabilitation Officer, Medium Irrigation Project, Ranchi. It is further submitted that the petitioner has responded to the notice issued under Section

41 (A) of the Cr.P.C and appeared before the I.O. on 23.07.2018 and submitted detailed representation mentioning therein that during his period of

posting much less amount was paid to the contractor in comparison to the work done by the contractor. It is next submitted that the petitioner is ready

to co-operate with the investigation of the case and he is ready and willing to furnish sufficient security including cash security and the co-accused

Awdesh Kr. Singh with similar allegation has already been granted privilege of anticipatory bail by a co-ordinate Bench of this court vide order dated

01.10.2018 passed in ABA No. 3866 of 2018 and co-accused persons, with similar allegations, have also been given the privileges of anticipatory bail

by this Court vide orders dated 05.03.2019 passed in A.B.A. Nos. 4564 of 2018 and 5236 of 2018 and order dated 15.10.2019 passed in A.B.A. Nos.

5092 of 2019, hence, the petitioner be given the privilege of anticipatory bail.

Learned counsel for the Anti-Corruption Bureau opposed the prayer for anticipatory bail and submits that there is allegation against the petitioner of

being involved in cheating and misappropriation and without physical verification.

Considering aforesaid facts of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the

police or surrender within a period of four weeks from the date of this order, the petitioner shall be released on bail on depositing cash security of Rs.

25,000/- and furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of

learned Additional Sessions Judge-XIV-cum-Special Judge, (A.C.B.) Hazaribag in connection with A.C.B. Case No. 04 of 2018 subject to the

condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by

him and will submit his mobile number and photocopy of Aadhar card at the time of surrender in the court below with an undertaking not to change

mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.