IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 3678 of 2022

Pawan Kumar Gupta.

.....

… Petitioner

Versus

The State of Jharkhand

…. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner

: Mr. Indrajit Sinha, Advocate

Mr. Rishav Kumar, Advocate.

For the State

: Mr. Devesh Krishna, S.C. Mines III.

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02/ 21.04.2022

Heard learned counsel for the applicant and learned A.P.P. for the State.

This bail application has been filed on behalf of the applicant–Pawan Kumar

Gupta with prayer to release on bail in connection with Dumka (Town) P.S. Case No. 278

of 2021, registered under Sections 409/420/120 (B) of the Indian Penal Code, 1860,

pending in the court of the Chief Judicial Magistrate, Dumka.

Learned counsel for the applicant has submitted that the F.I.R. of this case

was lodged by the informant against bearer of the Account No.4165201000206 IFSC

CODE- CNRB 0004165 with these allegations that the Cheque No.223503 dated

28.10.2021 of the amount of Rs.1,42,20,590/- was paid to the Treasury Dumka but the

payment of the same could not be made in the Account No. 318620016384 of the

Contractor of M/s A.B.C. construction and it was found that the same payment was made

in the Account of M/s G.K. Enterprises, Khasra No. 961 near Rakesh Minar VPO

Dundahera Sector 20 Gurgaon, Haryana. Account number of the same was

4165201000206 as such F.I.R. was lodged for embezzlement of the said amount.

Learned Counsel for the applicant has submitted that the applicant is

innocent and has been implicated in this case. The applicant is a computer operator

posted at Gramin Vikash Visesh Pramandal Dumka on temporary basis and his work was

restricted only to feed the data duly approved by the authorities. The applicant had no

access in preparation of the bill of any contractor or its payment who used to prepare the

cheque and get it signed by the Accountant and thereafter by Executive Engineer. The

cheque so prepared was sent to the Treasury by the Login I.D. of Executive Engineer for

its payment to the concerned payee. The applicant had no dominion or access of any

login I.D. of any official. His name surfaced on the basis of confessional statement of co-

accused.

Learned Counsel for the applicant further relied upon para 19 and 20 of the

counter-affidavit filed on behalf of Om Prakash Singh and contended that on 28.10.2022

I.P. address work was executed and for this JIO dongle was used having IMEI

No.911510953067820 and SIM No.8340756907 having Tower Location at Municipality

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Chowk, Dumka and this mobile phone was registered in the name of Doman Manjhi and

it is alleged in para 20 that this very SIM No. 8340756907 was used in mobile having

IMEI No.355406094802147 & 355406094802140 and Tower location is near Municipality

Chowk, Dumka.

Learned Counsel for the applicant further submitted that there is nothing

on record of any expert opinion that this dongle was used by the SIM number or mobile

of the applicant and no amount was transferred to the account of the applicant and the

applicant has been languishing in jail since 24.11.2021. It is also further submitted that

the role of the applicant is altogether different from Pankaj Kumar Verma, who was the

key accused in this case and whose bail has been rejected by this Court.

Mr. Devesh Krishna, learned S.C. Mines III appearing on behalf of the State

vehemently opposed the contentions made by the learned counsel for the applicant and

contended that as per evidence collected by the I.O. it was the applicant who used dongle

and was instrumental in the alleged defalcation of the said amount.

In view of the submissions made and materials on record, the bail

application of the applicant is hereby allowed. Let the applicant be released on bail on

furnishing bail bond of Rs.