Petitioner accused of accepting a bribe under Section 7(A) PCA sought bail. Court ordered release on bail with bond, cost deposit to Army Welfare Fund, and conditions to remain physically present.
Petitioner directed to be released on bail by furnishing bonds of Rs. 25,000 with two sureties and depositing Rs. 11,000 as cost.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 160 of 2019
Srikant Thakur ….. Petitioner
Versus
The State of Jharkhand through Vigilance (ACB)
….. Opp. Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
--------- For the Petitioner : Mr. Rajeev Ranjan Tiwary, Advocate. For the State (ACB) : Mr. T.N. Verma, Spl.P.P.
06/Dated: 21/02/2019
Petitioner is accused in A.C.B. Jamshedpur P.S. Case No. 18 of 2018, corresponding to Vigilance Case No. 23 of 2018, registered for the offence under Section 7(A) of the Prevention of Corruption Act, pending in the court of Special Judge, A.C.B., Chaibasa.
The prosecution case is that one Manoj Singh Kuntiya has given an application on 22.10.2018 stating that he is Assistant Teacher in Primary School, Raikola, Tantnagar, before that he was posted at Bara Bardiha and as per the Govt. Policy the said school was dissolved and thereafter the petitioner was transferred at Primary School, Raikola where he joined on 28.09.2018 and submitted charge report and the petitioner, who is Block Education Extension Officer has demanded Rs. 2,000/- for making entry in the service book as if the said entry not made the petitioner's salary may be stopped and the informant requested the BEEO, but he refused to make entry and hence he filed complaint and inquiry was held and it was found the case to be true and petitioner was apprehended raid handed while accepting bribe of amount of Rs. 1,500/-.
Learned counsel for the petitioner submitted that petitioner is in custody since 23.10.2018.
A supplementary affidavit has been filed on behalf of the petitioner stating that final form has been submitted by the ACB on 13.12.2018, under Section 7 (A) of the Prevention of Corruption Act.
Learned A.P.P. opposed the prayer for bail.
Be that as it may, I am inclined to admit the petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of like amount
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each to the satisfaction of learned Special Judge, A.C.B., Chaibasa in connection with A.C.B. Jamshedpur P.S. Case No. 18 of 2018, corresponding to Vigilance Case No. 23 of 2018, subject to the condition that :-
(i) One of the bailers shall be local resident of Chaibasa, solvent person.
(ii) Petitioner shall deposit Rs. 11,000/- by way of cost in the account of Army Welfare Fund Battle Casualties being A/C No. 90552010165915, IFSC Code – SYNB0009055, Syndicte Bank, Branch – South Block, Defence Headquarter, New Delhi, Branch Code – 9055 and will submit a receipt of the aforesaid deposition before the court below at the time of furnishing bail bonds.
(iii) Petitioner is further directed that alongwith the bail bonds, he will furnish his Cell number and xerox copy of Aadhar Card in the court below.
(iv) Petitioner is directed to remain physically present before the trial court on each and every date till conclusion of the trial, failing which the trial court will be at liberty to cancel the bail bonds of the petitioner.
Let a copy of order be also communicated to the trial court and also handed over to learned counsel for the petitioner and Spl. P.P. for the ACB.
(Anant Bijay Singh, J.)
Sunil/
1 issue framed by the court
Whether the petitioner should be granted bail in a corruption case under Section 7(A) of the Prevention of Corruption Act.
1 provisions across 1 enactments
Srikant Thakur
The State of Jharkhand through Vigilance (ACB)
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
