Motilal Oraon And Ors vs State Of Jharkhand

Heard the parties through video conferencing. Apprehending their arrest in connection with Chandwa P.S. Case No. 03 of 2020 instituted under Sections 409,420, 120B/34 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioner defalcated a sum or Rs.3,71,925/- in Mid-Day Meal Scheme under the Chandwa Block. It is submitted that the allegation against the petitioners is false. It is also submitted that the co- accused, with similar allegation, has been admitted to bail by this Court vide order dated 30.09.2020 passed in A.B.A. No. 2826 of 2020. It is next submitted that no money has been transferred to the account of the petitioners. It is lastly submitted that the petitioners are ready and willing to co- operate with the investigation of the case and to jointly deposit Rs.3,71,925/- with Block Education Extension Officer, Chandwa without prejudice to their defence in this case subject to final decision of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned A.C.J.M., Latehar within eight weeks from today and in the event of their arrest or surrendering, the petitioners will be enlarged on bail on showing proof jointly deposit of Rs.3,71,925/- with Block Education Extension Officer, Chandwa without prejudice to their defence in this case and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount to the satisfaction of learned A.C.J.M., Latehar in connection with Chandwa P.S. Case No. 03 of 2020 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In case the petitioners deposit Rs.3,71,925/- with the Block Education Extension Officer, Chandwa, learned court below will pass an appropriate order regarding disbursal of the same at the time of conclusion of trial.