Upendra Kumar @ Unpendra Kumar Sah @ Upendra Kumar Sah vs State Of Jharkhand

Heard the parties through video conferencing. This criminal miscellaneous petition has been filed under section 482 Cr.P.C by the petitioner with a prayer for modification of the order dated 20.10.2020, passed in A.B.A. No. 5272 of 2020.

It is submitted by the learned counsel for the petitioner that by the said order dated 20.10.2020, passed in A.B.A. No. 5272 of 2020, consequent upon the undertaking given by the petitioner that the petitioner is expressing his readiness and willingness to deposit Rs.2,05,000/- with the B.D.O., Jama subject to final decision of the case and without prejudice to his defence in this case, he was given the privilege of anticipatory bail "on showing the proof of deposit of Rs.2,05,000/- with the B.D.O., Jama and furnishing bail bond". It is further submitted that co-accused-Santosh Marik and Munshi Hembrom have been granted bail by a coordinate Bench of this Court in A.B.A. No.3534 of 2020 on the ground that A.P.P. had made submission before that Bench that all the toilets entrusted to the petitioners of that case have been constructed. It is next submitted that under information collected under the Right to Information Act also, it has been intimated that 112 toilets were constructed. Hence, it is submitted that the said order be modified.

Learned Addl. P.P. on the other hand vehemently opposes the prayer for modification and submitted that since the petitioner was granted anticipatory bail upon his undertaking to deposit Rs.2,05,000/- with the B.D.O., Jama and after getting the breather of four months by way of anticipatory bail now the petitioner wants to go back from the undertaking given before this Court hence, the said order dated 20.10.2020, passed in A.B.A. No. 5272 of 2020 ought not be interfered.

Considering the facts of the case and the fact that the petitioner was given the privilege of anticipatory bail upon his voluntarily undertaking before this Court to deposit the amount of Rs.2,05,000/- with B.D.O., Jama but as he is going back from his undertaking, this Court is of the considered view that this is not a fit case to interfere with the order dated 20.10.2020, passed in A.B.A. No. 5272 of 2020.

Accordingly, this criminal miscellaneous petition being without any merit is dismissed.