Suresh Kumar vs State Of Rajasthan

Devendra Kachhawaha, J

The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.97/2022, Police Station ACB Jaipur, ACB Chowki, Pali, registered for the offence punishable under Sections 7 and 7A of the Prevention of the Corruption Act, 2018 and Section 120-B of the Indian Penal Code.

Heard and considered arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner stated that offences are triable by Magistrate; petitioner has falsely been implicated in this case; petitioner is under incarceration for more than one month; even voice samples have also been taken during investigation; filing of charge-sheet will take long time; no investigation or recovery is pending against the petitioner; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner.

Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that Rs.94,000/-have been recovered from the accused-petitioner.

In reply learned counsel for the petitioner stated that recovery of money has been made from the dashboard of the car of the accused-petitioner and not from physical possession of the accused-petitioner.

Having regard to the facts and circumstances of the case, particularly looking to the facts that offences are triable by the First Class Magistrate; accused-petitioner is under incarceration for more than one month; as per factual report submitted by learned Public Prosecutor, no investigation is pending against the accused-petitioner; and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.

Consequently, the bail application is allowed. It is ordered that the accused-petitioner, Suresh Kumar S/o Shri Magaram, arrested in connection with F.I.R. No.97/2022, Police Station ACB Jaipur, ACB Chowki, Pali, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-each (one shall be a close/blood relative) to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.