UPENDRA NATH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since both the anticipatory bail applications arise out of one and the same case hence they are taken up together and disposed of by common order.

(2.) The petitioners are apprehending their arrest in connection with R.C. Case No. 12(A)2015­R for the offence registered under sections 120 (B), r/w 420 I.P.C and under sections 13(2) read with section 13(1) (d) of the Prevention of Corruption Act, 1988.

(3.) The case of prospection, in short, is that one S.K. Khare, Superintendent of Police/HOB, C.B.I, AC.B, Ranchi got information from reliable source that during the period 2010 to 2015 Sri Darlando Thanmi Khathing, the then Vice Chancellor, and Narendra Pal Garg, the then OSD (Project), both from Central University of Jharkhand (CUJ), Ranchi entered into criminal conspiracy with Shri Prahbat Kumar and Upendra Nath Singh, and others and by abusing their official positio as public servant illegally hired the premises of building called "Chauhan's" situated at Kanke Road, Ranchi at exorbitant rates thereby causing a wrongful loss of Rs. 21,77,117/­ to the Central University of of Jharkhand, Brambe, Ranchi and corresponding wrongful gain to the above mentioned private persons. It is alleged that Sri Darlando Thanmi Khathing and Sri Narendra Pal Garg, absued their official position and in conspiracy with Shri Prabhat Kumar and Sri Pendra Nath Singh dishonestly and fraudulently, di not resort to open advertisement for hiring of said building premises in clear disregard of the CVC OM. No. 6DD­5­CTE­6 dated 8­7­1999. They hired 14,174 sw ft of premises of building for five years from the building owners. It is further alleged that Sri Prabhat Kumar and Upendra Nath Singh, co­owners of said building premises, dishonesty and fraudulently connived with the above mentioned public servants and illegally executed the Lease Agreement for 2030 sq. ft of open space instead of actual 1690.50sq ft. of open space under their possession and thereby cheated Central University of Jharkhand by obtaining further wrongful payment of Rs. 54,419/­ from it, for the non­existing open space area in front of said building called "Chouhans". Thus, the public servants, Sri Darlando Thanmi Khathing and Sri Narendra Pal Garg, connied with Sri Prabhat Kumar and Sri Upendra Nath Singh (Pvt. Persons) and dishonestly and fraudulently, cheated the Central University of Jharkhand, Ranchi to the tune of total Rs. 21,77,117/­ (Rs. 21,22,698.00+Rs. 54,419,00) by causing wrongful loos to it and corresponding wrongful gain to themselves. On the basis of these allegations, the instant case has been lodged.