Allowed

Asha Bhati v. State of Rajasthan

Rajasthan HC11 Jul 2024CRLMB/7695/2024

Case brief

AI extract

What is this about?

Bail allowed for petitioners arrested in a corruption case involving recovery of money from a vehicle. The court held the prosecution case was based on imagination as no one claimed to have advanced the money, and indefinite detention served no useful purpose.

What did the court decide?

Bail granted subject to furnishing personal bond, two surety bonds, and bank/Aadhar details for potential penalty recovery.

Asha Bhati Vs State of Rajasthan — Corruption | Rajasthan HC (2024)

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[2024:RJ-JD:28227]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Miscellaneous Bail Application No. 7910/2024

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Yogendra Choudhary @ Ravi S/o Badri Singh Choudhary, Aged About 35 Years, R/o A-6, Krishna Nagar , Triveni Awas, Bajrang Nagar, Police Line, Kota, Presently R/o 514 Balaji Tower, Behind Eternal Hospital, Police Station , Jawahar Circle, Jaipur. ( At Present Lodged At Distt Jail, Pali)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 7695/2024 Smt. Asha Bhati D/o Shri Rajendra Kandara, Aged About 42 Years, R/o House No. 42, Near Ice Factory, Bhadwasiya, Mandore Road, Police Station Mahamandir,Jodhpur. At present Safai Karamchari, Belt No.120226, Jaipur Nagar Nigam Heritage, Jaipur.

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(At Present Lodged In Dist. Jail, Pali)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	:	Mr. C.S. Kotwani assisted by
		Mr. Manoj Choudhary Mr. Nishant Bora
For Respondent(s)	:	Mr. Arun Kumar, PP assisted by Mr. C.P. Marwan,AGA

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI Order

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11/07/2024

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Petitioners are lugged and locked in F.I.R No.116/2024 of Police Station A.C.B., Pali II, for the offence under Section(s) 7, 7A and 12 of the Prevention of Corruption Act, 1988 (Amended

[CRLMB-7910/2024]

[2024:RJ-JD:28227]

(2 of 3)

and Section 120-B of the I.P.C. They have filed these applications for restoration of liberty under section 439 of the Code of Criminal Procedure, 1973.

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Heard arguments advanced by learned counsel for the petitioners, learned public prosecutor and carefully perused the entire material available on record.

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Learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsel for the applicants. He thus, craves rejection of the applicants’ bail applications.

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I have given my anxious consideration to the rival submissions with reference to material placed before me. 5. On perusal of the record and upon consideration of the submissions, it would be clear that in the present matters, though a total sum of Rs.1,75,000/- was recovered from a vehicle which was found in the possession of both the petitioners besides a third person, yet it was mere an apprehension of the raiding party that the amount recovered was illegal gratification for recruitment of some person on the post of Sweeper. It is also noticed that nobody has claimed to advance the above money to the petitioners. Prima facie, the case has been brought on the basis of imagination only.

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Having considered the material available on record; the arguments advanced by counsel for the applicants particularly the facts narrated above and the fact that applicants are in custody since 12.06.2024; that bail rejection order goes to show that applicants are not involved in any other case.; that trial is likely to

[2024:RJ-JD:28227]

[CRLMB-7910/2024]

(3 of 3)

take its own considerable time and taking note of all these aspects, I do not intend to go into the merits of the matters but of the considered view that the applicants have available to them substantial grounds so as to question the prosecution case and no useful purpose would be served by keeping the applicants in detention for an indefinite period therefore, I am inclined to grant indulgence of bail to the petitioners at this stage.

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Consequently, the present bail applications are allowed and it is directed that the accused-petitioners Yogendra Choudhary @ Ravi S/o Badri Singh Choudhary and Smt. Asha Bhati D/o

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Shri Rajendra Kandara , arrested in connection with the F.I.R. No.116/2024 of Police Station A.C.B., Pali II shall be released on bail provided each of them furnish a personal bond and two surety bonds of sufficient amount to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. This order is subject to the condition that accused, within 7 days of his release, and sureties on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as copy of front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.

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(RAJENDRA PRAKASH SONI),J

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19-20-Payal/-

Asha Bhati v. State of Rajasthan

Case brief

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Asha Bhati v. State of Rajasthan

Case brief

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