Bail application under Section 439 CrPC by a government employee arrested for an offence under Section 7 of the Prevention of Corruption Act. The court allowed bail on furnishing a personal bond with sureties.
Accused-petitioner enlarged on bail on personal bond of Rs.50,000 with two sureties of Rs.25,000 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.
[2024:RJ-JP:12453]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 2432/2024
Sunil Kumar Jain S/o Shri Tarachand Jain, Aged About 57 Years, R/o Plot No. 5/105 B Block Housing Board, Panchsheel Nagar, Ajmer, At Present Assistant Administrative OfÏcer In The OfÏce Of Joint Director, State Insurance And Provident Fund Department, Ajmer. (Presently Confined In Central Jail, Ajmer).
----Petitioner
| Versus |
|---|
State Of Rajasthan, Through Pp
| ----Respondent | |
|---|---|
| For Petitioner(s) | : Mr. Namo Narayan Sharma |
| For Respondent(s) | : Mr. Mangal Singh Saini, PP |
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order
12/03/2024
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.30/2024 registered at Police Station C.P.S. Jaipur, ACB District Chowki Ajmer for the offence(s) under Sections 7 of Prevention of Corruption (Amendment Act 2018).
Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in this case. He further submits that the accused-petitioner is in custody since 14.02.2024 and trial of the case may take considerable time. The accusedpetitioner is old person aged about 58 years and suffering from various ailments. He further submits that allegation of receiving bribe of Rs.7,000/- from the complainant are false as order of
[2024:RJ-JP:12453]
[CRLMB-2432/2024]
(2 of 2)
releasing the Provident Fund amount was issued on 13.02.2024, whereas, the complaint was preferred under Section 7 of the of Prevention of Corruption Act on 14.02.2024. Therefore, the bail application of the accused-petitioner may be allowed.
Learned Public Prosecutor opposes the bail application.
Having regard to the facts and circumstances of the case, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.
Accordingly, this bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Sunil Kumar Jain S/o Shri Tarachand Jain in connection with FIR No.30/2024 registered at Police Station C.P.S. Jaipur, ACB District Chowki Ajmer shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(PRAVEER BHATNAGAR),J
Brijesh/-56
1 issue framed by the court
Whether the accused-petitioner arrested under Section 7 of the Prevention of Corruption Act should be enlarged on bail.
2 provisions across 2 enactments
Sunil Kumar Jain S/o Shri Tarachand Jain
State of Rajasthan, through PP
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
