Lakhendra Sahu vs State of Jharkhand

Heard learned counsel for the parties through V.C.

The instant application has been preferred by the petitioner for grant of regular bail in connection with Gumla P.S. Case No.305 of 2019, registered under Sections 406, 408, 418, 419, 420, 465, 468, 471, 120B of the IPC, which is pending before the learned Chief Judicial Magistrate, Gumla.

Learned counsel for the petitioner submits that pursuant to the order of this Court, the petitioner had already submitted few cheques, but the same could not be encashed as the account was freeze. She further submits that as per the allegation this petitioner is residing with another co-accused, namely, Urmila Baraik in live-in relationship and out of the entire scam amount to the tune of Rs.116.52 lacs, an amount of Rs.9.96 lacs was transferred on 30.04.2019 and Rs.9.96 lacs on 07.05.2019 in the personal account number of this petitioner. She further submits that the petitioner is not named in the F.I.R rather his name has been surfaced on the confessional statement of co-accused, namely, Urmila Baraik. She further submits that the petitioner is ready to pay the entire amount of about Rs.29 lacs in the account of District Water and Sanitation Mission payable at Gumla. She further submits that the moment he will be released from custody, the amount shall be deposited in the said account forthwith and he will never misuse of privilege of bail and he will abide by the conditions as imposed by this Court or the learned trial court.

Learned A.P.P. has informed this Court that the account of the petitioner which was freeze by the State authority has already been unfreeze and now the petitioner can deposit the entire amount i.e. Rs.29 lacs and 16 thousands.

In view of the aforesaid facts and circumstances of the case and the submissions of learned counsel for the parties and after going through the materials available on record, the petitioner is directed to be released on bail. At present, the petitioner shall be released on furnishing personal bail bond of Rs.5,000/-(Five Thousand Only), thereafter, he shall deposit the amount of Rs.29.16 Lakh in the account of District Water and Sanitation Mission, Gumla and shall file an affidavit showing proof of payment before the learned trial court. Further, when the Lockdown period is over, the petitioner shall furnish bail bond of Rs. 10,000/- (Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gumla, in connection with Gumla P.S. Case No.305 of 2019, within a period of one month from the date of lifting of Lockdown.

It is made clear that this petitioner shall deposit the entire amount of Rs.29.16 lakh within a period of one week from the date of his release from custody and shall also file an affidavit to that effect within a further period of ten days.

Further, the petitioner shall appear on each and every date during trial before the learned trial court whenever the functioning of regular court begins till then, the petitioner shall register his presence before the concerned police station fortnightly, failing which the learned trial court shall be at liberty to cancel his bail.

With the aforesaid directions, this bail application is allowed and disposed of.