Jafar Ansari 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 ACB P.S. Case No. 04 of 2023, for the offence under Section 7(a) of the Prevention of Corruption Act, 1988, pending in the Court of learned Spl. Judge ACB, Ranchi.

2) It has been contended on behalf of the petitioner that the petitioner is not a public servant and he has been made victim of circumstances. Learned counsel for the petitioner has submitted that co-accused Pradip Kumar, who happens to be the Circle Officer of the Block, has been directed to be enlarged on bail by this Court in B.A. No.12092 of 2023 and the petitioner is also languishing in judicial custody since 10.11.2023. Therefore, the prayer has been made that the petitioner may be enlarged giving privilege of bail.

3) While, on the other hand, learned Addl. Public Prosecutor appearing for the State has vehemently opposed the prayer for bail. He has contended that there is an allegation against the petitioner of accepting bribe. However, he has admitted the position that he is not a Government Servant.

4) This Court, taking into consideration the fact that co-accused Pradip Kumar has been enlarged on bail and the petitioner is also languishing in judicial custody since 10.11.2023, is of the view that the instant bail application deserves to be allowed.

5) Accordingly, the instant bail application stands allowed.

6) 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 Spl. Judge ACB, Ranchi in connection with ACB P.S. Case No. 04 of 2023, subject to the conditions that the petitioner shall cooperate in the trial. In failure, the learned Trial Court shall have liberty to pass appropriate order so that trial is not hindered.