The High Court of Jharkhand allowed a bail application filed by Bibhash Tiwari in a corruption case involving demand of gratification, directing release on a bond of Rs.25,000/- with two sureties.
Bail granted on furnishing a bond of Rs.25,000/- with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 1534 of 2022 Bibhash Tiwari @ Bibhash Kumar Tiwari ….. Petitioner Versus
The State of Jharkhand …. …. Opp. Party
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
-----For the Petitioner : Mr. Rahul Ranjan, Advocate For the State : Mr. Suraj Verma, A.P.P
4/05.05.2022 Heard learned counsel for the applicant and learned APP for the State.
The bail application has been filed on behalf of the abovenamed applicant with a prayer to release on bail in connection with Dumka ACB P.S. Case No.08/2021 under section 7 of P.C. Act 1988 (Amendment Act 2018), pending in the court of learned Additional Sessions Judge-II-cum-Special Judge ACB, Dumka.
Learned counsel for the applicant has submitted that FIR of this case was lodged by the informant against Bibhash Tiwari @ Bibhash Kumar Tiwari, the employee of Circle Office, Jama, District-Dumka that the informant had moved application before the SDO court in I.S.O. Case No.900-15 vide letter No.114 making demand for inquiry report. The same was not supplied to him and the gratification of Rs.8,000/- was demanded from him.
Learned counsel for the applicant has further submitted that the applicant is innocent and has been implicated in this case with ulterior motive. The applicant had never made the alleged demand of any gratification. There is no cogent evidence against him and he has been languishing in jail since 09.12.2021.
Learned APP appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicant and contended that the applicant had made demand of the alleged gratification and on his complaint, after verification, the FIR was lodged.
In view of the submissions made and the materials on record, the bail application of the applicant is, hereby, allowed. Let the applicant be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty
five thousand) with two sureties of like amount each to the satisfaction of the court concerned in the aforesaid case.
(SUBHASH CHAND, J.)
tarun
1 issue framed by the court
Whether the bail application in connection with a case under section 7 of the Prevention of Corruption Act should be allowed.
1 provisions across 1 enactments
Bibhash Tiwari @ Bibhash Kumar Tiwari
The State of Jharkhand
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
