Nagendra Rai vs The State of Jharkhand

Narendra Nath Tiwari, J.—The petitioner is an accused in the case registered under Sections 7 and 13(2) of the Prevention of Corruption Act.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the case; the petitioner happens to be a constable; the entire allegation is against one M.N. Khan, Sub Inspector of Police, who was said to have taken Rs.80,000/as bribe and was demanding further Rs.20,000/in order to help the complaint, who is an accused of an offence u/s 376 IPC; the allegation is that Rs.10,000/was handed over to said M.N. Khan and, thereafter, he had transferred the said amount to the petitioner and in course of trap, the money was recovered from the petitioner. It has been submitted that the petitioner is a constable and the money was given to Sub Inspector of Police; the petitioner was not in know about the nature of the money and he was only obeying the order of his officer; even if the entire allegation is taken as it is, no offence, in the alleged section of Prevention of Corruption Act, as such is not constituted against the petitioner; the petitioner is in custody since September, 2010; he is a government servant; there is no chance of his absconding.

Learned counsel for the Vigilance opposed the petitioner''s prayer for bail, but has not disputed the said factual contentions of learned Counsel for the petitioner.

Regard being had to the facts and circumstances of the case, the petitioner, abovenamed, 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 Special Judge, Vigilance, Ranchi in connection with Vigilance P.S. Case no.44 of 2010, corresponding to Special Case no.45 of 2010.