The main legal point established is the grant of anticipatory bail based on the timing of the criminal case in relation to the money suit and the disputes regarding payment of money.

JUDGMENT

Anant Bijay Singh, J. - The petitioner-Shailendra Kumar Gupta is apprehending his arrest in connection with Sadar (Muffasil) P.S. Case No. 21 of 2015, corresponding to G.R. No. 105 of 2015 for the offence under sections 406, 409, 419, 420 and 120B of the Indian Penal Court.

2. This case has been lodged on the basis of written report of one Luis Toppo, District Cooperative Officer, Hazaribagh alleging therein that the petitioner-Shailendra Kumar Gupta is the director of Aditya Rice Mill Pvt. Ltd, Morangi, Hazaribagh and has embezzled government money i.e. Rs. 10,48,84,437.50/-.

3. The instant case i.e Sadar (Muffasil) P.S. Case No. 21 of 2015, corresponding to G.R. No. 105 of 2015 has been lodged on 06.01.2015 and the Money Suit No. 14/2014 has been filed before the court of Senior Civil Judge 1st, Hazaribagh on 31.10.2014. It appears that the aforesaid money suit has been filed much prior to lodging of this case .

4. Learned counsel for the petitioner has submitted that much prior to lodging of this case, petitioner has filed a Money Suit No. 14 of 2014 before the Civil Judge, Senior Division, Hazaribagh.

5. Learned counsel for the petitioner has further submitted that written statement has not been filed as per Order 8, Rule 1 C.PC and the matter was listed on 28.07.2017 and it was adjourned for three months and the orders were written by the Bench Clerk and the learned court below has completely lost control of the suit and order was passed mechanically. It was further submitted that the F.I.R has been lodged after lodging of the aforesaid money suit.

6. Further, it has been submitted that the District Cooperative Officer, Hazaribagh who is respondent No. 3 in money suit is informant of this case and to save his skin, this case has been lodged against the petitioner.

It was submitted specifically that there is dispute regarding payment of money in which section 73 of Contract Act is attracted and no criminality in the matter is attracted and without adjudicating the money suit of the petitioner, criminal case has been lodged. So, taking all these facts the petitioner deserves privilege of anticipatory bail.

7. On the other hand learned A.P.P opposed the prayer for anticipatory bail and filed counter-affidavit and produced case diary.

From perusal of para 13, it appears that I.O has recorded the statement of the informant.Luice Toppo, District Cooperative Officer, Hazaribagh who has fully supported the case of prosecution and has stated that the petitioner is the Director of the Aditya Rice Mill Pvt. Ltd, Morangi, Hazaribagh and the informant has purchased paddy from six different PACS and as per the agreement with Aditya Rice Mill Pvt. Ltd, Morangi, Hazaribag, the paddy was to be supplied to CMRFCI, but the said Rice Mill had not made available 83,907.55 quintal paddy to CMRFCI. The value of aforesaid paddy was Rs. 10,48,84,437.50. Further, it has been recorded that for realization of the amount, a meeting was convened by the Deputy Commissioner on 08.08.2014 and 11.09.2014 which is attended by the owner of Rice Mill and Deputy Commissioner has also submitted letter No. 294 dated 01.07.2014 and letter No. 519 dated 16.10.2014 and have directed the petitioner to deposit the value of rice, but the petitioner had not deposited any of the amount.

The petitioner has also not followed the direction given by the Hon''ble Jharkhand High Court.

Further, it has been stated that as per direction of the Hon''ble High Court, the Government of Jharkhand had also sent two letters to the petitioner for depositing the aforesaid amount, but inspite of that he had not deposited a single penny, hence, the dishonest criminal intention to the petitioner of Aditya Rice Mill Pvt. Ltd, Morangi, Hazaribag is apparent as he along with the owner of Mills had swallowed the government money to the tune of Rs. 10,48,84,437.50.

8. Further, in para 50, the I.O has recorded the statement of one Sukhdeo Prasad Yadav, the Chairman of PACS Churchu. In p