SUBHASH ORAON AND ORS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the anticipatory bail applications are heard together as they arose from the same FIR.

(2.) Anticipatory bail applications filed by petitioners Subhash Oraon and Rakesh Kumar are moved by Sri Delip Jerath and Sri Amresh Kumar and opposed by Sri A.K. Pandey and Sri Prem Prakash, learned Additional P.Ps. respectively.

(3.) It appears that the scheme no. 4/04-05 was sanctioned for building a Check Dam in the village Sithiyo in the district of Lohardaga. It then appears that Laloo Oraon, Assistant Engineer was asked to construct the said Dam. It is alleged that instead of constructing the aforesaid Check Dam at Sithiyo Nala, co-accused Laloo Oraon constructed it at Datri Nala. When a complaint made regarding the same, the matter was enquired by these petitioners by the order of competent authority. After enquiry petitioners gave report, stating therein that the said Check Dam constructed at Datri Nala and not on Sithiyo Nala. Annexure-7 reveals that , Project Officer changed the name of the scheme and asked petitioner (Subhash Oraon) to complete the project. It is stated that petitioner ( Subhash Oraon) completed the project. There is no allegation against the petitioner Subhash Oraon that he has not completed the Check Dam at Datri Nala. It is worth mentioning that at the time of construction made by co-accused Laloo Oraon, petitioners were not posted in MESO Project , Lohardaga and they joined at MESO project only in the year 2008.