NARENDRA NATH TIWARI, J. - (1.) IN this case, the petitioner has prayed for grant of anticipatory bail as he apprehends his arrest in connection with Vigilance P.S. Case No. 34 of 1992, corresponding to Special Case No. 28 of 1992, registered for the offence under Sections 420, 467, 468, 471, 477A and 120B of the Indian Penal Code read with Section 13(2)(2), 13(1)(d) of the Prevention of Corruption Act.
(2.) LEARNED Counsel for the petitioner submitted that no offence, as alleged, is made out against the petitioner, though the entire prosecution story is taken to be true. From the allegation, it is clear that this is a case of excess payment and not a case of cheating, forgery or corruption. According to the FIR the petitioner has been alleged to have caused a loss of Rs. 19,797/ -. Though the petitioner does not admit the same, he is ready to deposit the said amount if at all it has been alleged that this loss has been caused by him. It has been further submitted that the investigation is complete and the charge -sheet has been submitted and now there is no chance of tampering with the evidence. The petitioner is local permanent resident and is a man of means and there is no chance of his absconding. Mr. A.K. Kashyap, learned Special Public Prosecutor (Vigilance), on the other hand, submitted that there are materials collected on record to show that it is the petitioner, who has caused loss to the extent of Rs. 20,000/ - by acting fraudulently and forging the documents. Learned Counsel particularly relied on paragraphs 26 and 36 of the case diary, which go to show that the firms, which cheated or caused loss of the said amount, were operating from the premises of the petitioner's firm as their sign board was found in the premises of the petitioner's firm. I have heard learned Counsel for the parties and considered the facts and circumstances. Since the petitioner is ready to deposit the amount of loss, as alleged and also in view of other circumstance, appearing on record, the above named petitioner is directed to deposit Rs. 20,000/ - (twenty thousand) in Hazaribagh Treasury in the account of the Deputy Commissioner, Hazaribagh and surrender before the learned Special Judge, Dhanbad within three weeks from today. In the event of his surrender within the said period, the above named petitioner shall be released 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 Special Judge (Vigilance), Dhanbad in connection with Vigilance RS. case No. 34 of 1992, corresponding to Special Case No. 28 of 1992, subject to the condition as laid down upder Section 438(2), Cr PC.
(3.) THE amount if deposited by the petitioner shall be subject to the order to be passed by the trial Court at the conclusion of the trial Bail all owed. Petition allowed.;