Advocates:
['ABHAY KR CHATURVEDY', '', 'HADISH ANSARI', 'VIKASH ANAND', 'AMIT KUMAR CHOUBEY', 'RAJESH KR SINGH', 'VANDANA BHARTI']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No.5764 of 2022

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Chandramani Devi

....

....

….

Petitioner

Versus

The State of Jharkhand

....

....

....Opposite Party

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner

: Mr. A.K. Choubey, Advocate

Mr. Hadish Ansari, Adv.

For the State

: Mrs. Vandana Bharti, Addl.P.P

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Order No.04 Dated- 05.08.2022

Heard learned counsel for the parties.

Apprehending her arrest in connection with Chandwa P.S. Case

No. 03 of 2020 instituted under Sections 409, 420, 120-B, 34 of the Indian

Penal Code, the petitioner has moved this Court for grant of privilege of

anticipatory bail.

It is alleged that the petitioner and others had committed

defalcation in the mid-day meal scheme of Saraswati Vahini Mata

Smriti Uttkramit Madhya Vidyalaya, Banhardi by withdrawing an

excessive amount of Rs.10,11,976.74/- in comparison to the actual

expenses from the account of the said Committee. Petitioner being the

Sanyojika between the period September, 2016 to September, 2019 of

Saraswati Vahini Mata Samiti, Upgraded Middle School, Banhardi has

misappropriated and transferred Rs.4,00,090/- to the account of the co-

accused Ramjan Ansari and his son Sabri Ansari in connivance with the

president and secretary of Saraswati Vahini Mata Smriti Uttkramit

Madhya Vidyalaya .

Learned counsel for the petitioner has submitted that the

petitioner is innocent and has committed no offence at all as alleged in

F.I.R. It is next submitted that petitioner is no way concerned with the

functioning and withdrwal of any government money of Saraswati

Vahini Mata Samity. No amount has been transferred in the account of

petitioner. Co-accused with similar allegation has been granted

anticipatory bail by the Co-ordinate Bench of this Court vide order

dated 10.09.2020, 09.12.2020 in A.B.A. No. 3223 of 2020 and A.B.A.

No.6162 of 2020 respectively. In case of her arrest at the hands of police,

prestige and reputation of the petitioner shall be ruined. It is further

submitted

that

petitioner

undertakes

to

co-operate

with

the

investigation of the case and will not indulge in tampering with

prosecution evidence and will abide by all terms and conditions

imposed by this Court in the matter of granting anticipatory bail.

Hence, it is submitted that the petitioner may be extended the privilege

of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for

anticipatory bail of the petitioner and submits that there is specific and

direct allegation against the petitioner of misappropriating huge

government money. Hence, petitioner may not be extended privilege of

anticipatory bail.

Considering the facts and circumstances of this case, the nature

of allegation against petitioner coupled with materials available on

record, I am inclined to extend privilege of anticipatory bail to the

petitioner. Accordingly, the petitioner is directed to surrender in the

Court within four weeks from today and in the event of her arrest or

surrendering, she will be enlarged on bail on furnishing bail bond of

Rs.20,000/- (Twenty thousand) with two sureties of the like amount

each to the satisfaction of learned ACJM, Latehar in connection with

Chandwa P.S. Case No. 03 of 2020 with the condition that she will co-

operate with the investigation of the case and appear before the

investigating officer as and when noticed by him and furnish her

mobile number and photocopy of the Aadhar Card with an undertaking

that she will not change her mobile number during the pendency of the

case and subject to the conditions as laid down under Section 438(2) of

the Code of Criminal Procedure.

(Pradeep Kumar Srivastava, J.)

Pappu/