Jharkhand High Court
Jeetendra Prasad Das And Ors vs The Union Of India Through C B I on 7 September, 2016
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No.3041 of 2016
1.Jeetendra Prasad Das
2. Ashok Kumar Das
3.Kali Charan Das
4. Kumar Niranjan Das ...... Petitioners Versus The Union of India through C.B.I ...... Opposite Party With A.B. A. No.3042 of 2016 Santosh Kumar Das ...... Petitioner Versus The Union of India through C.B.I ...... Opposite Party With A.B. A. No.3071 of 2016
1. Dinesh Das
2. Manik Das ...... Petitioner Versus The Union of India through C.B.I ...... Opposite Party With CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH For the Petitioners: Mr. R.S. Mazumdar, Sr. Advocate For the C.B.I : Mr. Kailash Prasad Deo, Advocate 04/Dated: 07/09/2016 Since all the three anticipatory bail applications arise out of one and the same case, hence they are taken up together and disposed of by common order.
Heard learned counsel for the parties.
The petitioners are apprehending their arrest in connection with R.C. Case No. 06(A) of 2015D, for the offence registered under Sections 120B, 419 and 420 of the Indian Penal Code and under Sections 13(2) read with Section 13(1) (d) P. C. Act.
The prosecution case in short, is that, on source information this case has been registered against Dinesh Das, Jay Prakash Kumar Das, Manik Das and M/s Infra Zone Services Pvt. Ltd and others with allegation that the aforesaid accused persons entered into criminal conspiracy to get Dinesh Das, Jay Prakash Kumar Das, Manik Das selected to the post of operatorcum technician trainee of Bokaro Steel Plant and to get fraudulent appointment by adopting illegal and unfair means in pursuance of the said conspiracy, unknown persons appeared in the written examination by impersonating Dinesh Das, Jay Praksh Kumar Das and Manik Das who was declared selected for the said post and were given appointment by Bokaro Steel Plant in the year, 2012. It is further alleged that subsequently, it was found that their signature on the attendance Sheet of written examination do not match with the signature on attendance for interview, joining report and medical booklet. They have also drawn salary and other allowances causing wrongful loss to the Bokaro Steel Limited.
Learned counsel for the petitioners in A.B.A. No. 3041 of 2016 has submitted that C.B.I after investigation submitted chargesheet under sections 120B, 419 and 420 of the Indian Penal Code and under Sections 13(2) read with Section 13(1) (d) P. C. Act and cognizance has been and the case has been committed to the Court of learned S.D.J.M for trial and disposal of the case. It is further submitted that during course of investigation, C.B.I has failed to collect evidence against these petitioners that who impersonated the petitioners. It is further submitted that during investigation the petitioners cooperated in the investigation and whenever the Investigating Officer asked to appear the petitioners, they appeared before the I.O and they were never arrested by the Investigating Officer. It is further submitted that investigation in this case is complete and final form has been submitted and cognizance has been taken and Trial will take some time. Considering all these facts, the petitioners deserves privilege of anticipatory bail.
On the other hand, learned standing counsel for the C.B.I opposes the prayer for anticipatory bail and referring the evidence collected by the C.B.I has submitted that investigation revealed that petitioner no. 1 Jitendra Prasad Das had not appeared in the written Test held on 19.02.2012 at St. John's High School, Ranchi for the post of OperatorcumTechnicianTrainee in BSL. As per the requirement the signature made in the attendance sheet on date of written examination by the candidates, the signature of this petitioner did not match with his specimen signature as well as admitted signature made in the attendance sheet of the interview proving that he had not appeared in the written examination for the said post. Further investigation has revealed that other person impersonating him appeared in written examination in his place and for that he had paid illegal gratification to Shri Santosh Kr. Das, who managed the other persons for him.
Investigation established that petitioner Ashok Kumar Das had not appeared in the written test held on 05.08.2012 at Aloysious School, Ranchi for the post of OperatorcumTechnician Trainee in BSL. As per the requirement the signature made in the attendance sheet on date of written examination by the candidates, the signature of this petitioner did not match with the specimen with his specimen signature as well as admitted signature made in the attendance sheet of the interview proving that he had not appeared in the written examination for the said post. Further investigation has revealed that other person impersonating him appeared in written examination in his place and for that he had paid illegal gratification to Shri Santosh Kr. Das, who managed the other persons for him. Thus, he conspired with coaccused Santosh Kumar Das dishonestly and fraudulently, he allowed impersonation by someone else and thereby cheated the BSL for his selection as OCTT in BSL, Bokaro.
Investigation established that petitioner Kali Charan Das had not appeared in the written test held on 05.08.2012 at Ursuline Girsl High School, Ranchi for the post of OperatorcumTechnician in BSL. As per the requirement the left thumb impression put in the attendance sheet on date of written examination by the candidates, the signature of this petitioner did not match with the left thumb impression as well as admitted left thumb impression made in the attendance sheet of the interview proving that he had not appeared in the written examination for the said post. Further investigation has revealed that his signature on the written test attendance sheet also differs from his original signature. Further investigation revealed that other person impersonating him appeared in written examination in his place and for that he had paid illegal gratification to Shri Santosh Kr. Das, who managed the other persons for him. Thus, he conspired with coaccused Santosh Kumar Das dishonestly and fraudulently, he allowed impersonation by someone else and thereby cheated the BSL for his selection as OCTT in BSL, Bokaro.
Investigation established that petitioner Kumar Niranjan Das had not appeared in the written test held on 21.07.2013 at St. Thomas School, Ranchi, Ranchi for the post of OperatorcumTechnician in BSL. As per the requirement the left thumb impression put in the attendance sheet on date of written examination by the candidates, the signature of this petitioner did not match with the left thumb impression as well as admitted left thumb impression made in the attendance sheet of the interview proving that he had not appeared in the written examination for the said post. Further investigation has revealed that his signature on the written test attendance sheet also differs from his original signature. Further investigation revealed that other person impersonating him appeared in written examination in his place and for that he had paid illegal gratification to Shri Santosh Kr. Das, who managed the other persons for him. Thus, he conspired with coaccused Santosh Kumar Das dishonestly and fraudulently, he allowed impersonation by someone else and thereby cheated the BSL for his selection as OCTT in BSL, Bokaro.
Learned counsel for the petitioner in A.B.A. No. 3042 of 2016 has submitted that C.B.I after investigation submitted chargesheet under sections 120B, 419 and 420 of the Indian Penal Code and under Sections 13(2) read with Section 13(1) (d) P. C. Act and cognizance has been and the case has been committed to the Court of learned S.D.J.M for trial and disposal of the case. It is further submitted that during course of investigation, C.B.I has failed to collect evidence against the petitioner that who impersonated the petitioner. It is further submitted that during investigation the petitioner cooperated in the investigation and whenever the Investigating Officer asked to appear the petitioner, he appeared before the I.O and he was never arrested by the Investigating Officer. It is further submitted that investigation in this case is complete and final form has been submitted and cognizance has been taken and Trial will take some time. Considering all these facts, the petitioner deserves privilege of anticipatory bail.
On the other hand, learned standing counsel for the C.B.I opposes the prayer for anticipatory bail and referring the evidence collected by the C.B.I has submitted that investigation revealed that petitioner Santosh Kumar Das conspired with unknown accused persons and allowed impersonation by some other persons in place of these accused candidates in written examination held on 19.02.2012, 05.08.2012 and 21.07.2.2012 for the post of OCTT in BSL, Bokaro. During the course of investigation, the name of the petitioner surfaced and it ws revealed that he had managed the candidates who appeared in the written examination for the said post in their place and for that the petitioner had taken ilegal gratification from the candidates. He himself admitted that in palce of Dinesh Das, Jai Prakash Kr. Das, Manik Das, Jeetendra Prasad Das, Ashok Kumar Das, Kali Charan Das and Kmar Niranjan Das, other persons were appeared who came from Patna and for that these candidates have paid illegal gratification. Hence he was the key conspirator through which offence of impersonation and cheating was committed by these accused conspired with him and dishonestly and fraudulently got the employment in the BSL, Bokaro as OperationcumTechnician Trainee, S3 Grade. One coaccused candidate, A2 had given confessional statement before the Ld. Judicial Magistrate confirming that for arranging scholar who appeared in the written test in his place for the said examination was managed by this petitioner so that he had taken illegal gratification.
Learned counsel for the petitioners in A.B.A. No. 3071 of 2016 has submitted that C.B.I after investigation submitted chargesheet under sections 120B, 419 and 420 of the Indian Penal Code and under Sections 13(2) read with Section 13(1) (d) P. C. Act and cognizance has been and the case has been committed to the Court of learned S.D.J.M for trial and disposal of the case. It is further submitted that during course of investigation, C.B.I has failed to collect evidence against the petitioners that who impersonated the petitioners. It is further submitted that during investigation the petitioners cooperated in the investigation and whenever the Investigating Officer asked to appear the petitioners, they appeared before the I.O and they were never arrested by the Investigating Officer. It is further submitted that investigation in this case is complete and final form has been submitted and cognizance has been taken and Trial will take some time. It is further submitted that petitioners have been dismissed from the service. Considering all these facts, the petitioners deserve privilege of anticipatory bail.
Investigation established that petitioner Dinesh Das had not appeared in the written test held on 05.08.2012 at St. Annes' School, Ranchi for the post of OperatorcumTechnician in BSL. As per the requirement the signature made in the attendance sheet on date of written examination by the candidates, the signature of this petitioner did not match with the specimen with his specimen signature as well as admitted signature made in the attendance sheet of the interview proving that he had not appeared in the written examination for the said post. Further investigation has revealed that other person impersonating him appeared in written examination in his place and for that he had paid illegal gratification to Shri Santosh Kr. Das, who managed the other persons for him. Thus, he conspired with coaccused Santosh Kumar Das dishonestly and fraudulently, he allowed impersonation by someone else and thereby cheated the BSL for his selection as OCTT in BSL, Bokaro.
Investigation established that petitionerManik Das had not appeared in the written test held on 05.08.2012 at Loyala Convent School, Ranchi for the post of OperatorcumTechnician in BSL. As per the requirement the signature made in the attendance sheet on date of written examination by the candidates, the signature of this petitioner did not match with the specimen with his specimen signature as well as admitted signature made in the attendance sheet of the interview proving that he had not appeared in the written examination for the said post. Further investigation has revealed that other person impersonating him appeared in written examination in his place and for that he had paid illegal gratification to Shri Santosh Kr. Das, who managed the other persons for him. Thus, he conspired with coaccused Santosh Kumar Das dishonestly and fraudulently, he allowed impersonation by someone else and thereby cheated the BSL for his selection as OCTT in BSL, Bokaro.
Having heard the learned counsel for the parties and after going through the records, final form, material collected by the C.B.I against the petitioners and also the fact that final form has been submitted in this case, cognizance has already been taken, trial will take some time, during investigation these petitioners cooperated in the investigation and they were never arrested by the I.O at that point of time, petitioners namely, Dinesh Das and Manik Das have been dismissed from service, I am inclined to admit the petitioners on anticipatory bail. Accordingly, they above named petitioners are directed to surrender in the Court below within two weeks from the date of this order and in the event of their arrest or surrender the Court below shall enlarge the above named petitioners on bail on furnishing bail bond of Rs. 15,000/ (Rupees fifteen thousand)each, with two sureties of the like amount each to the satisfaction learned Subdivisional Judicial Magistrate, Dhanbad in connection with R.C. Case No. 06(A) of 2015D, subject to conditions as laid down under Section 438(2) of the Cr.P.C and also subject to further condition that one of the bailers shall be local resident of Dhanbad district, solvent person. Petitioners shall fully cooperate with the CBI and also appear physically before the court below as and when directed. If they want exemption from appearance, they will inform the CBI in advance and after taking necessary permission from Trial Court, they may be exempted from personal appearance. The petitioners shall not try to influence the prosecution witnesses during trial.
Let a copy of this order be handed over to the learned standing counsel for the C.B.I. (Anant Bijay Singh, J.) Satyarthi/