This bail petition involved an accused facing charges under the Prevention of Corruption Act, 1988. The court allowed regular bail on a bond of Rs. 10,000 with two sureties of similar amount, subject to cooperation in the trial.
Petitioner released on bail with bond of Rs. 10,000 and two sureties of Rs. 10,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 1904 of 2017
Sunil Kumar Jha …Petitioner
-V e r s u s-
The State of Jharkhand through Vigilance (A.C.B.) ...Opp. Party
CORAM: - HON’BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : - Mr. R.S.Mazumdar, Sr. Advocate For the Anti-Corruption Bureau :- Mr. Nilesh Kumar, Spl. P.P.
05/01.05.2017
Heard learned counsel for the parties.
Petitioner is an accused in a case registered for the offences punishable under Sections 7/13(2) of the Prevention of Corruption Act, 1988.
Learned senior counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. The petitioner was posted as Officer-in-Charge of Gorhar P.S., District- Hazaribag, at the time of occurrence. It is alleged that the petitioner was trapped red handed by a team of Anti-Corruption Bureau while receiving bribe of Rs.6,000/- from the informant. It is further submitted that the petitioner neither demanded nor received any amount of bribe from the informant as has been alleged in the F.I.R. The verification report prepared by the authorized officer of the Anti-Corruption Bureau is merely a table work and no physical verification was done to verify the allegations made by the informant against the petitioner. The charge-sheet against the petitioner has also been submitted. The petitioner is in judicial custody since 03.02.2017 and therefore, he may be given the privilege of regular bail.
Mr. Nilesh Kumar, learned counsel for the Anti-Corruption Bureau, opposes the petitioner’s prayer for bail.
Considering the aforesaid facts and circumstances, I am inclined to enlarge the petitioner on bail. Accordingly, the petitioner, above named, 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 Special Judge (A.C.B.), Hazaribag, in connection with Hazaribag (A.C.B.) P.S. Case no. 03 of 2017, subject to the condition that petitioner shall co-operate in the trial and1093 shall be present as and when required by the court, failing which the trial court is at liberty to pass appropriate order against the petitioner in accordance with law.
(Rajesh Shankar, J.)
Ritesh
2 issues framed by the court
Whether the accused in a corruption case should be granted regular bail.
The conditions under which the petitioner shall be released on bail subject to cooperation in the trial.
1 provisions across 1 enactments
Sunil Kumar Jha
The State of Jharkhand through Vigilance (A.C.B.)
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
