Nilendra Kumar vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending his arrest in connection with Peshrar P.S. Case No. 03 of 2020 instituted under Sections 7, 11, 13 of Prevention of Corruption Act of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner while posted as Block Programming Officer, Peshrar has received bribe of Rs.1,40,000/- from the supplier. It is submitted that the allegation against the petitioners is false. It is next submitted that the petitioner was in need of money for treatment of his ailing mother who has been since expired due to her illness but the petitioner has immediately returned the loan amount to the complainant. It is further submitted that the service of the petitioner was terminated but he moved this court in W.P.(C) No.5740 of 2019 and the said case was disposed of with a direction to the appellate authority to decide his claim within a period of eight weeks from the date of receipt/production of copy of aforesaid order in compliance of the order, the appellate authority took up the hearing the matter the complainant-Kamal Sahu stated on oath that he has given personal loan to the petitioner for treatment of his ailing mother but never gave any amount as bribe/commission to the petitioner. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to deposit Rs.1,40,000/- with Block Development Officer, Peshrar without prejudice to his defence in this case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Special Judge, A.C.B., Ranchi within four months from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on showing proof deposit of Rs.1,40,000/- with Block Development Officer, Peshrar without prejudice to his defence in this case and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to the satisfaction of learned Special Judge, A.C.B., Ranchi in connection with Peshrar P.S. Case No. 03 of 2020 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile numbers and photocopy of the Aadhar Card with an undertaking that he will not change his mobile numbers during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.