AJIT KUMAR DAS Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) This is an application under Section 438 Cr.P.C., wherein the petitioner, being accused in CBI/SPE, Bhubaneswar P.S. Case No. 0152015A0011 of 2015 for the commission of offence under Sections 120-B, 420, 468 and 471 of the IPC read with Section 13(2) and 13(1)(d) of the P.C. Act of the Court of Special Judge-I, CBI, Bhubaneswar has applied for anticipatory bail. Written complaint was received from the Senior Vigilance Officer (P), O/o the Senior Deputy General Manager, Vigilance Department, East Coast Railways, Chandrasekharpur alleging inter alia that the petitioner got himself appointed in the East Coast Railways under compassionate appointment by producing fake certificate. The above complaint reveals that the Vigilance Department of the said East Coast Railways has conducted investigation on the matter and during investigation it appears to be fake appointment.

(2.) One Bishnu Charan Das was an employee of the East Coast Railways. The present petitioner applied for appointment on rehabilitation Assistance Scheme and he was appointed as Khalasi on 05.07.2005 in S & T Department, East Coast Railway, Khurda with the active assistance of some of the other employees of the Department.

(3.) In course of hearing, the learned Counsel for the petitioner submits that enquiry has been made at the instance of cousin of the petitioner. It is further claimed that the petitioner is only son of late Bishnu Charan Das and late Swarnalata Das. There is litigation between the petitioner and his relation/co-sharers for partition of the ancestral property and in order to deprive the petitioner and his father's share in ancestral property, one Narayan Das has taken a plea that the petitioner is not the natural son of his father and made complaint before the authority of the East Coast Railways. The authority of the East Coast Railways conducted enquiry on the back of the petitioner and registered the FIR, The petitioner alleges that he has produced educational certificate from Panchayat High School, Cuttack for securing service in the Railways. The legal heir certificate issued by the Tahasildar also indicates that the petitioner is the son of late Bishnu Charan Das.