Ram Lakhan Yadav vs The State of Jharkhand

H.C. Mishra

Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution.

The petitioner has been made accused for the offence under Sections 417, 419, 420, 403, 409, 465, 466, 467, 468, 471, 474, 120(B) and 114 of the Indian Penal Code, in connection with Manjhgaon (Kumardungi) P.S. Case no. 5 of 2006 corresponding to G.R. No. 75 of 2006.

The case was instituted on the basis of complaint filed by one Jagdish Chandra Das against one John Dang, wherein, it was alleged that Anudeshak/Teachers appointed under Unaupacharik Education Programe on contract basis, were not being paid their remuneration. It appears that said complaint was sent for institution of police case, on the basis of which, the present case has been instituted. It appears from the case diary that during investigation, it has come that under the said scheme, Rs. 10,32,000/- has been illegally withdrawn during tenure of one Janamjay Ram, who was then posted as D.S.E.. So far as this petitioner is concerned, it is alleged that the signatures of the petitioner were also found on the attendance register during the period.

Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and main allegation of withdrawing money was against Janamjay Ram, D.S.E., who was the Drawing and Disbursing Officer. Learned counsel has further submitted that said Janamjay Ram has already been granted bail by order dated 21.8.2009 in B.A. No. 5713 of 2009 and accordingly he prayed for bail.

Learned A.P.P. for the State has opposed the prayer for bail submitting that in the case diary it has come that signature of the petitioner was also there on the attendance register.

In the facts of this case, particularly, in view of the fact that Janamjay Ram has been granted bail in this case, I am inclined to enlarge the petitioner, Ram Lakhan Yadav, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand), with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Chaibasa, in connection with Manjhgaon (Kumardungi) P.S. Case no. 5 of 2006 corresponding to G.R. No. 75 of 2006.