1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No. 5730 of 2018
1. Gopal Choudhary
2. Shivlal Chaudhary …… Petitioners
Versus
The State of Jharkhand …… Opposite Party
———
CORAM: HON’BLE MR. JUSTICE ANANT BIJAY SINGH
———
For the Petitioners : Mr. Deepak Kumar, Advocate
For the State :A.P.P
……………
C.A.V on : 05/12/2018 Pronounced on:07/12/2018
The petitioners are apprehending their arrest in connection with Dandai
P.S. Case No. 85 of 2017 corresponding to G.R. No. 1261 of 2017 for the offence
under sections 406, 420, 34 of the Indian Penal Code lodged on the basis of
written report of informant-Block Development Officer, Dandai, Garhwa
addressed to the Officer-in-Charge, Dandai P.S including enquiry report of the
DD.C., Gahrwa alleging therein that in Danda and Dandai block for
construction of Micro lift irrigation scheme Micro Lift Sel-Help Group was
constituted for the financial year, 2008-09, 2009-10 and 2010-11 under SGSY
loan was given to 55 groups by the S.B.I, Agriculture Branch , Garhwa. It was
found that total amount of Rs, 4,97,800.00 Rs, 2,48,900.00 was loan and Rs,
2,48,900.00 was as subsidy for which one 20′ of well, o1 water tower, o1 pump
house, o1 diesel pump, pipe line 1200 ft was to be constructed and 04 Vat, 27
kiyari, detailed description is given in the written report. But the aforesaid
scheme was not completed and subsidy was withdrawn. It appears that
petitioners are middle men and they have misappropriated amounts of the
beneficiaries after obtaining signature on blank paper and with support of bank
official they have withdrawn money. On the basis of these and another
allegations, the instant case has been instituted.
2
Learned counsel for the petitioners while pressing the bail application of
the petitioners has submitted that the petitioners are innocent and they have
committed no offence. Further, it has been submitted that the alleged occurrence
appears to have been committed in between 2009 to 2011 but the F.I.R was
lodged after long delay. Further, it has been submitted that there is no provision
of appointment of any middlemen in the micro lift irrigation project under
S.G.SY, Programme. Further, it has been submitted that petitioners were never
office bearers of any self-group who had engaged in micro lift irrigation project
under the S.G.S.Y scheme and they have got no concern with the execution of any
work or withdrawal of any amount because no check with respect to even a
single rupee was ever issued in favour of the petitioners which they have cheated
or misused as such neither section 420 I.P.C is made out nor section 406 I.P.C is
made out against the. Further, it has been submitted that it was not clear how the
name of two persons have been left out. It has been submitted that in self group
there will be maximum of five persons but the petitioners are not members of
any self group of Dandai Block. So, considering the aforesaid facts, the
petitioners may be released on anticipatory bail.
Learned A.P.P opposed the prayer for anticipatory bail.
Case diary was called for which has been received. From perusal of case
diary, it appears that in para 05, I.O has recoded the statement of witness Mukhi
Choudhary who has named these petitioners and has submitted that the were
member of Bhagwan Lift Irrigation Self Help Group, and the petitioners
obtained signature on the blank paper from the beneficiaries and withdraw
money amounting to Rs. 5 lac out of which Rs, 2 lac has been returned. . Similar
is the statement of witness S.Kumar Choudhary, in para 7-witness Lakhan
Choudhary and in para 8-witness Chutar Choudhary.
Further, it appears that petitioners have criminal antecedent and they are
3
also accused in Danda P.S. Case No. 20 of 2017.
Taking all these facts and circumstances of the case also considering the
fact that petitioners have criminal antecedent, allegation against the petitioners is
very serious, I am not inclined to grant anticipatory bail to the petitioners.
Accordingly, their prayer for anticipatory bail is hereby rejected.
Satyarthi/- (Anant Bijay Singh, J.)