Having heard the learned counsel for applicant, Mr. Gyan Prakash, the Deputy Solicitor General of India assisted by Mr. Sanjay Yadav, the learned counsel representing opposite party 1 i.e. C.B.I. and upon perusal of record, evidence, allegations made, complicity of accused coupled with the fact that the trap laid by the Police failed, the applicant being a simply Class IV employee working on the post of Sanitary Supervisor, the averments made in paragraph 32 of the affidavit filed in support of the bail application that applicant does not possess any power of appointment on any post in the Cantonment Board, the said averments made in paragraph 32 of the affidavit having not been specifically replied in paragraph 25 of the counter affidavit, applicant is in jail since 10.10.2022, as such he has undergone almost seven months of incarceration, prima facie the ingredients of Section 7 of the Prevention of Corruption Act as explained by Constitution Bench noted above being not satisfied, the charge sheet having been submitted, the evidence sought to be relied upon by the prosecution now stands crystalized, there is no such critical circumstance necessitating the custodial arrest of applicant during the course of trial, but without making any comment on the merits of the case, applicant has made out a case for bail.
