Uday Shankar Tiwari Alias Udai Shankar ... vs The State Of Jharkhand Through C B I on 8 July, 2016

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Jharkhand High Court

Uday Shankar Tiwari Alias Udai Shankar ... vs The State Of Jharkhand Through C B I on 8 July, 2016

Bench: Ravi Nath Verma

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    B.A. No. 1864 of 2016
                Uday Shankar Tiwari @ Udai Shankar Tiwari @ Udai Tiwari
                                                                            ...Petitioner (s)
                                      -V e r s u s-
                The State of Jharkhand through C.B.I.                       .....Opp.party
                       CORAM: - HON'BLE MR. JUSTICE RAVI NATH VERMA
                For the Petitioner(s) : - Mr. Vishnu Kumar Sharma, Advocate
                For the C.B.I.        : - Mr. K.P.Deo, Advocate

13/08.07.2016

The sole petitioner Uday Shankar Tiwari @ Udai Shankar Tiwari @ Udai Tiwari has moved this Court for grant of regular bail in connection with RC-01(A)/2010-R instituted under Sections 120-B, 420, 467, 468 and 471 of the Indian Penal Code and also under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.

The case of prosecution, which is based on the F.I.R. lodged at the instance of the C.B.I., in short, is that M/s. Kalawati Construction (P) Ltd., Garhwa was allotted a construction work to repair Balumath Harhargunj Panki Raod within the district of Palamau. In course of enquiry and verification, it was detected that 13 invoices against procurement of Bitumen were fake and forged and the contractor had caused loss to government to the tune of Rs.55,41,979/-.

Learned counsel appearing for the petitioner submitted that earlier in two anticipatory bail applications filed at the instance of the co-accused Vijay Kumar Tiwari and Mathuresh Kumar Verma in A.B.A. No. 3874 of 2012 and A.B.A. No. 3935 of 2012 respectively after depositing of the entire loss amount, anticipatory bail was granted to both the co-accused persons. The said co-accused Vijay Kumar Tiwari was one of the Director of M/s. Kalawati Construction (P) Ltd. and he has already deposited RS. 35,00,000/- and odds with the department concerned and another co-accused Mathuresh Kumar Verma, who was Assistant Engineer, has deposited the rest amount of Rs.20,00,000/-. It was also submitted that the petitioner was merely an employee in the said Construction Co. and has been falsely implicated in this case and when the Director of the said Company has been granted anticipatory bail, the petitioner, who is in custody since 10.07.2015, deserves to be released on bail.

Mr. Deo learned counsel appearing for the C.B.I. though opposed the prayer of bail but fairly submitted that the entire loss amount has been deposited by the other two co-accused persons, who were Director of the said Construction Co. and Assistant Engineer but the deposit of the amount will not absolve the petitioner and other accused persons from criminality.

In view of the discussions made above, I am inclined to release the petitioner on bail.

Accordingly, the petitioner Uday Shankar Tiwari @ Udai Shankar Tiwari @ Udai Tiwari is directed to be released on bail on his furnishing bail bond of Rs.10,000/- with two sureties of like amount each to the satisfaction of Special Judge, C.B.I. Ranchi in connection with RC-01(A)/2010-R. Ritesh (R. N. Verma, J.)

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Jharkhand High Court