High CourtsSingle Bench

Rajendra Choudhary vs State Of Rajasthan

Rajasthan High Court · Decided on 9 December 2019 · Citation: (2019) 12 RAJ CK 0133

HON’BLE JUDGES
Mahendar Kumar Goyal, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Prevention Of Corruption (Amendment) Act, 2018 — Section 7,7A, 8 · Indian Penal Code, 1860 — Section 120B · Code Of Criminal Procedure, 1973 — Section 173(8), 437(3), 439
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 14050, 14051 Of 2020
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Judgment

19 paragraphs · 392 words

The present bail application has been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.195/2020

registered at Police Station ACB Jaipur (ACB SU Ajmer), for the offence under Section(s) 7,7A and 8 of P.C.A. Act 2018 and 120B of IPC.

It is contended by learned counsels for the petitioners that they have falsely been implicated in this case. They submitted that the petitioners are in

custody since 17.09.2020 and 07.09.2020 respectively, charge-sheet has been filed, trial of the case will take time, they have no criminal antecedents

and the maximum punishment awardable is seven years. They relied upon the judgment of Hon. Apex Court of India in case of Sanjay Chandra

versus Central Bureau of Investigation- (2012) 1 SCC 40 and prayed for their release on bail.

Sh. Vibhuti Bhushan Sharma learned AAG opposing the bail application submitted that the Vice Chancellor of a university through his agent Ranjeet

Singh, co-accused collected bribe of Rs. 5.50 crores approximately from 70 colleges to accord the affiliation, to approve the examination centre and

for other purposes. He submitted that investigation under Section 173(8) CrPC is still pending and there is apprehension that if the petitioner, especially

the petitioner No.2, is released on bail, he would tamper with the evidence. He submitted that it is crime against society and the petitioners do not

deserve the indulgence of bail.

Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegations against the present

petitioners, their length of custody, filing of charge-sheet and severity of punishment awardable in case of their conviction; but, without expressing any

opinion on the merits of the case, this court deems it just and proper to enlarge the petitioners on bail.

Accordingly, the bail application is allowed and it is directed that accused-petitioners 1.Rajendra Choudhary S/o Birmaram and 2.Rampal Singh S/o

Late Sh. Harchandra Singh shall be released on bail under Section 439 Cr.P.C. in connection with afore-mentioned FIR registered at concerned

Police Station, provided each of them shall furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in

the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that they shall comply with all the

conditions laid down under Section 437(3) Cr.P.C.