Sanjay Kumar vs Union Of India

Sujit Narayan Prasad, J

The instant application has been filed under Section 439 and 440 of Cr.P.C. for grant of bail in connection with R.C. No.13(A)/2023-R registered for the offence under Section 7 of Prevention of Corruption Act, pending in the court of learned AJC-cum-Special Judge, CBI, Ranchi.

It has been contended by the learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated in this case.

It has further been submitted that there is no recovery of any money from the physical possession of the petitioner and the money is said to have been recovered from the drawer of the table where the petitioner used to sit for discharging his official duty but the petitioner is languishing in judicial custody since 18.12.2023.

Learned counsel for the petitioner, based upon the aforesaid premise, has submitted that the instant bail application may be allowed so that the petitioner be released from judicial custody.

While on the other, serious objection has been made by learned A.S.G.I., appearing for the respondent – CBI but he is fair enough to submit that the amount was recovered from the drawer of the table of the petitioner.

This Court has heard the learned counsel for the parties.

This Court, after appreciating the argument and considering the fact that the petitioner is languishing in custody since 18.12.2023 as also the fact that the chargesheet has been submitted, therefore, is of the view that the instant bail application deserves to be allowed.

Accordingly, the instant bail application stands allowed.

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 the learned AJC-cum-Special Judge, CBI, Ranchi in connection with R.C. No.13(A)/2023-R, subject to the conditions that the petitioner shall co-operate in the trial. In failure, the learned trial court shall have liberty to pass appropriate order in accordance with law so that trial be not hindered.