AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
7 paragraphs · 338 wordsSujit 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 R.C. Case No.11 of 2023, arising out of CBI/ACB Ranchi FIR No.RC0242023A0010 for the offence under Section 7 of the Prevention of Corruption Act, 1988 (as amended in 2018) pending in the Court of learned Addl. Judicial Commissioner-XVIII cum Special Judge, C.B.I., Ranchi.
2) It has been contended on behalf of the petitioner that he has been falsely implicated in this case. The learned counsel has submitted that recovery is not from the physical possession of the petitioner, rather the alleged bribe has been recovered from the office chamber which is shared by other staffs. It has further been submitted that charge-sheet has already been submitted in this case and the petitioner is languishing in judicial custody since 04.10.2023. Therefore, the prayer has been made that the petitioner may be enlarged by 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 direct allegation against the petitioner of demanding gratification from the informant.
4) This Court, taking into consideration the fact that the charge-sheet has been submitted and the petitioner is languishing in judicial custody since 04.10.2023, 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 Addl. Judicial Commissioner-XVIII cum Special Judge, C.B.I., Ranchi, in connection with R.C. Case No.11 of 2023, arising out of CBI/ACB Ranchi FIR No.RC0242023A0010, 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.