Deepak Kumar vs State Of Jharkhand

Sujit Narayan Prasad, J

1) The instant application has been filed under Sections 439 and 440 of the Code of Criminal Procedure for grant of bail in connection with Special Vigilance Dhanbad (A.C.B.) P.S. Case No.10 of 2023 for the offence under Section 7 of the Prevention of Corruption (Amendment) Act, 2018 pending in the Court of learned District & Addl. Sessions Judge-X, Dhanbad.

2) It has been contended on behalf of the petitioner that he has been falsely implicated in this case which itself could be evident from the F.I.R. and the report submitted by the Trap Team that there is no recovery from the possession of the petitioner said to be given by way of gratification, but even then, the petitioner is languishing in judicial custody since 30.09.2023.

3) While, on the other hand, learned Addl. Public Prosecutor appearing for the State has vehemently opposed the prayer for bail. He has raised a ground that the chemical has become pink in colour which demonstrates that the petitioner has received the amount of gratification.

4) The learned counsel for the petitioner in response has submitted that when the prospection version itself is that no money has been recovered from the possession of the petitioner, then there is question of turning the colour of chemical into pink.

5) This Court, taking into consideration the fact that the charge-sheet has been submitted and the petitioner is languishing in judicial custody since 30.09.2023, is of the view that the instant bail application deserved to be allowed.

6) Accordingly, the instant bail application stands allowed.

7) In consequence thereof, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned District & Addl. Sessions Judge-X, Dhanbad in connection with Special Vigilance Dhanbad (A.C.B.) P.S. Case No.10 of 2023, subject to the following conditions:-

(i) The petitioner/accused shall not influence the prosecution witnesses or intimidate them or dissuade them from deposing before the Court.

(ii) The petitioner/accused shall appear before the Trial Court on each and every date of hearing, during the trial, except for special circumstances beyond his control.

(iii) The petitioner/accused shall not leave the territorial jurisdiction of the Trial Court without seeking prior permission from it.

(iv) In case the respondent collects any material during the period the petitioner/accused is on bail that he is influencing the witnesses or has tried to intimidate them, the prosecution would be within their rights to move an application before this Court for cancellation of his bail.