High Court of Jharkhand allowed bail to a petitioner, village Mukhiya, accused of demanding bribe under MANREGA scheme, releasing him on bond with sureties.
Petitioner released on bail 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. 418 of 2023
Ajay Prasad Gupta .... .. ... Petitioner(s)
Versus The State of Jharkhand through ACB .. ... ...Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioner : Mr. A. K. Kashyap, Sr. Advocate Mr. Anurag Kashyap, Advocate For the State : Mr. V. K. Vashistha, SPP
02/ 17.02.2023 . Petitioner above-named who is in custody since 25.11.2022 has moved this Court for grant of regular bail in connection with Vigilance Case No.11 of 2022 arising out of A.C.B. P.S. Case No.11 of 2022 registered under Section 7(a) of the P.C. (Amendment) Act, 2018.
Heard the parties.
As per the case of the prosecution, the petitioner was Mukhiya of the Village and he demanded Rs.15,000/- as bribe for issuance of work order with regard to construction work under MANREGA Scheme and Bal Vikas Priyojna. It is also said that he used to demand 10% of the amount while issuing Work Order in each project.
It is submitted by learned Senior counsel for the petitioner that in the raiding party, only officers of ACB and no independent witness were involved. It is further submitted due to political rivalry, the petitioner has been implicated in the case due dome oblique motive.
Learned SPP for the State has vehemently opposed the prayer. It is submitted that there is clear-cut case of demand, acceptance and recovery of the bribe amount.
Considering the submissions of learned counsel and the fact as discussed above, the bail application is allowed. Accordingly, the petitioner named above shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below.
( Gautam Kumar Choudhary, J. )
Sandeep/
2 issues framed by the court
Whether to grant regular bail to the petitioner in a Prevention of Corruption case alleging demand of bribe under MANREGA scheme.
Whether the petitioner implicates due to political rivalry requires granting bail.
1 provisions across 1 enactments
Ajay Prasad Gupta
The State of Jharkhand through ACB
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
