YOGENDRA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner is apprehending his arrest in connection with Doranda P.S. Case No. 92 of 2016 dated 01.04.2016, corresponding to G.R. No. 1904 of 2016, registered under Sections 467, 468, 470, 409, 419, 420, 34 of the I.P.C., lodged on the basis one written report given by Sudesh Kumar Verma, Under Secretary, Directorate of Employment and Training, Jharkhand dated 18.03.2016 alleging therein that Jharkhand Society for Skill development Initiative Scheme, which is established under the Department of Labour Employment Training and Skill Development, Government of Jharkhand, therein one Yogendra Prasad (petitioner) from the date of its establishment till 06.08.2014, worked as treasurer and one Aamir Sohail, worked as Computer Operator and from 30.08.2012, he was authorized to work in connection to the online portal of providing Vocational Training Provider and secret password was directly given to Yogendra Prasad, who is treasurer of JSSDIS by the Government of India and all the responsibility with respect to the registration of VTP is one Yogendra Prasad and Aamir Sohail. It is further alleged that VTP Evaluation Committee has recommended the training code no. SS202 in favour of Coxtan Administrative & Management College, Dhanbad, but pursuant to conspiracy, Yogendra Prasad and Aamir Sohail get it registered for the course code SS102 in place of SS202 and issued to it for a batch of MAM104 and two batch of BCA104. On the basis of these allegations, the instant case was instituted.

(2.) Learned counsel for the petitioner has submitted that petitioner is innocent and falsely implicated in this case and submitted that Government of India has created a portal namely w w w . sdi. gov. in and about more than 1400 course are provided by the Government of India and all the courses / module with its course code are available at the website of the central government as mentioned above. Vocational Training Provider who are interested in providing training, they have to get themselves registered through the website / portal only and only after proper verification by the Vocational Evaluation Committee headed by the Departmental Secretary and on the inspection report of the Inspector the same get approved. It is also stated that the VTP under the said portal used to generate the bill for which the format is already provided therein and due to typing mistake the training code was mentioned as SS202 to Coxtan Administrative & Management College, Dhanbad in place of SS102 and there is no criminal offence. So, petitioner deserves the privilege of anticipatory bail.

(3.) A supplementary affidavit has also been filed on behalf of the petitioner and it has been stated that one Aamir Sohail, who was a computer operator in the office of the petitioner and without the knowledge of the petitioner, the TBN has been issued to the concerned institute without following the due procedure, for which petitioner could not held responsible.