Allowed

Suresh Upadhyay v. State of Rajasthan

Rajasthan HC18 Jul 2018CRLMB/6088/2018

Case brief

AI extract

What is this about?

High Court at Jodhpur allowed bail petitions against corrupt and cheating charges filed under PCA and IPC since investigation concluded and charge-sheet submitted, directing personal bonds.

What did the court decide?

Bail granted on personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each; release from custody in connection with FIR No.306/2017; condition not to influence witnesses or leave country wit

Suresh Upadhyay Vs State of Rajasthan — Corruption | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail No. 6088/2018

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Suresh Upadhyay S/o Sh Bhanwar Lal, B/c Upadhyay Brahmin, R/o 144, Hudco Quarters, Kamla Nehru Nagar, Jodhpur. (Petitioner Lodged In Central Jail, Jodhpur)

----Petitioner

Versus

State of Rajasthan

----Respondent

CONNECTED WITH

S.B. Criminal Misc. Bail No. 5205/2018

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Smt. Nirmala Meena, I.A.S. W/o Pawan, R/o C.E.-72, P.W.D. Colony, Jodhpur.

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(Presently Lodged At Central Jail, Jodhpur)

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----Petitioner

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State Of Rajasthan	Versus ----Respondent
For Petitioner:- (1) Suresh Upadhyay	: Mr. Ranjeet Joshi
(2) Nirmala Meena	: Mr. Mahesh Bora, Sr. Advocate assisted by Mr. Nishant Bora, Mr. S.N. Rajpurohit, Mr. Karan Singh Rajpurohit
For Respondent-State	: Mr. V.S. Rajpurohit, PP
Present in person	: Mr. Mukesh Soni, Inspector, ACB Udaipur

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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18/07/2018

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Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

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(2 of 3) [CRLMB-6088/2018]

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The petitioners have been arrested in FIR No.306/2017 of Police Station ACB CPS Jaipur, District Jaipur for the offences punishable under Sections 13(1)(C)(D) and 13(2) of Prevention of Corruption Act, 1988 and Sections 420, 467, 468, 471 and 120-B IPC. They have preferred these bail applications under Section 439 Cr.P.C.

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Learned counsel appearing for both the petitioners have submitted that the investigation against the petitioners in relation to the above referred FIR has already been completed and the Investigating Agency has also filed charge-sheet against them. It is further submitted that the petitioners have falsely been implicated in this case. Learned counsel for the petitioners have also submitted that the petitioner-Suresh Upadhyaya is in custody since 20.05.2018 and petitioner-Nirmala Meena is in custody since 16.05.2018. It is also contended that the petitioner-Suresh Upadhyaya is aged person whereas the petitioner-Nirmalal Meena is IAS officer and there is no possibility that they will abscond or avoid the trial.

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Learned Public Prosecutor has opposed the bail applications and submitted that as a matter of fact the petitioners are involved in embezzlement of crores of wheat meant for the poor people. It is contended that during the course of investigation, the Investigating Agency has collected the evidence against the petitioners, which suggests active involvement of the petitioners in commission of crime, therefore, the petitioners are not entitled to be released on bail.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the

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(3 of 3) [CRLMB-6088/2018]

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case, I deem it just and proper to grant bail to the accused petitioners under Section 439 Cr.P.C.

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Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioner-Suresh Upadhyay S/o Sh Bhanwar Lal and petitioner-Nirmala Meena W/o Pawan shall be released on bail in connection with FIR No.306/2017 of Police Station ACB CPS Jaipur, District Jaipur provided each of them executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. It is directed that the petitioners will not make any attempt to influence the witnesses and will also not leave the country without the permission of trial court.

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Abhishek Kumar S.Nos.73-74

Suresh Upadhyay v. State of Rajasthan

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Suresh Upadhyay v. State of Rajasthan

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