Partly allowed

Devanshu Verma S/O Shri Giriraj Verma, v. Central Bureau of Investigation

Rajasthan HC6 Dec 2024CRLMP/3863/2024

Case brief

AI extract

What is this about?

The High Court quashed the condition imposed by the Trial Court requiring petitioners to furnish surety and personal bonds to de-freeze bank accounts. This was based on the CBI's conclusion that no case existed regarding income from unknown sources, making the bond condition unjustified.

What did the court decide?

Condition requiring petitioners to furnish personal bond and surety bond for de-freezing accounts was quashed and set aside.

Devanshu Verma S/O Shri Giriraj Verma, Vs Central Bureau of… — Corruption | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 4432/2024

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Giriraj Verma S/o Late Shri Jagdish Prasad Ji Tailor, aged about 61 Years, R/o 1029, Rani Sati Nagar, Nirman Nagar, Jaipur.

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----Petitioner

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Versus

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Central Bureau of Investigation, Jaipur Office At 1, Tilak Marg, C Scheme, Ashok Nagar, Jaipur, Rajasthan- 302001.

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous (Petition) No. 3860/2024

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Chandrakala Verma W/o Giriraj Verma, aged about 57 Years, R/o 1029, Rani Sati Nagar, Nirman Nagar, Jaipur.

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----Petitioner

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Versus

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Central Bureau of Investigation, Jaipur Office At 1, Tilak Marg, C Scheme, Ashok Nagar, Jaipur, Rajasthan- 302001.

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----Respondent

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S.B. Criminal Miscellaneous (Petition) No. 3861/2024

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Gazal Verma W/o Abhishek Luhadiya, aged about 32 Years, R/o 1029, Rani Sati Nagar, Nirman Nagar, Jaipur.

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----Petitioner

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Versus

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Central Bureau of Investigation, Jaipur Office At 1, Tilak Marg, C Scheme, Ashok Nagar, Jaipur, Rajasthan- 302001.

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----Respondent

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S.B. Criminal Miscellaneous (Petition) No. 3862/2024

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Mridul Verma W/o Vipul Tank, aged about 30 Years, R/o T-11, Shanti Path, Sanjay Colony, Nehru Nagar, Panipech, Jaipur.

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----Petitioner

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Versus

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Central Bureau Of Investigation, Jaipur Office At 1, Tilak Marg, C Scheme, Ashok Nagar, Jaipur, Rajasthan- 302001.

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----Respondent

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S.B. Criminal Miscellaneous (Petition) No. 3863/2024

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[CRLMP-4432/2024]

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(2 of 4)

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Devanshu Verma S/o Shri Giriraj Verma, Aged About 27 Years, R/o 1029, Rani Sati Nagar, Nirman Nagar, Jaipur.

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----Petitioner

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Versus

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Central Bureau Of Investigation, Jaipur Office At 1, Tilak Marg, C Scheme, Ashok Nagar, Jaipur, Rajasthan- 302001.

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----Respondent

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S.B. Criminal Miscellaneous (Petition) No. 4433/2024

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Giriraj Verma S/o Late Shri Jagdish Prasad Ji Tailor, aged about 61 Years, R/o 1029, Rani Sati Nagar, Nirman Nagar, Jaipur.

¶37

----Petitioner

¶38

Versus

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Central Bureau of Investigation, Jaipur Office At 1, Tilak Marg, C Scheme, Ashok Nagar, Jaipur, Rajasthan- 302001.

¶40

----Respondent

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For Petitioner(s) : Mr. Deepak Chouhan For Respondent(s) : Mr. Shyam Singh Yadav Mr. Vivek Choudhary-PP

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JUSTICE ANOOP KUMAR DHAND

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Order

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06/12/2024

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Since common questions of law and facts and involved in these petitions, hence, with the consent of the counsel for the parties, all the matters are taken up together for final disposal and are being decided by this common order.

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Learned counsel for the petitioners submits that an FIR No. RC JAI 2022/A/0008 was registered at Special Police Establishment, Central Bureau of Investigation, Jaipur against the petitioners for the offences under Section 7 of the Prevention of Corruption Act, 1988 (for short, ‘the PC Act’) by the Central

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[CRLMP-4432/2024]

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(3 of 4)

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Bureau of Investigation (for short, ‘CBI’). Counsel for the petitioners submits that during the course of investigation, the CBI seized and freezed three different accounts of the petitioners. Counsel submits that subsequently, the CBI came to the conclusion that they did not find any case against the petitioners regarding income from unknown sources and accordingly, the enquiry was closed. Counsel submits that under these circumstances, no further case was registered against the petitioners. Counsel submits that the applications filed by the petitioners before the Court of Special Judge, CBI Cases, Jaipur Metropolitan-I for de-freezing the aforesaid accounts of the petitioners. Counsel submits that though the applications filed by the petitioners were allowed but an unreasonable condition was put by which the petitioners have been directed to submit the surety bond as well as personal bond for de-freezing of the aforesaid accounts. Counsel submits that once the CBI has submitted no objection in favour of the petitioners then there was no reasons or occasions available with the trial Court to impose such condition, hence, the said condition is liable to be quashed and set aside.

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Learned counsel for the CBI has supported the arguments raised by counsel for the petitioners and has no raise any objection.

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Heard and considered the submissions made at Bar and perused the material available on record.

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Considering the arguments put-forward by counsel for the petitioners and looking to the fact that after conducting a preliminary enquriy against the petitioners, the CBI did not find

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[CRLMP-4432/2024]

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(4 of 4)

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any case against the petitioners with regard to income from other sources and enquiry has been completed accordingly and no other cases have been registered against the petitioners, hence under these circumstances, imposition of condition of furnishing personal bond and surety bond are not justified. The above condition imposed upon the petitioners in the impugned order dated 24.04.2024 stands quashed and set aside.

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With the aforesaid observations, all these criminal misc. petitions stand disposed of.

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All other application(s), (pending, if any) also stand disposed

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(ANOOP KUMAR DHAND),J

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Ashu/154-159

Devanshu Verma S/O Shri Giriraj Verma, v. Central Bureau of Investigation

Case brief

What is this about?

What did the court decide?

Devanshu Verma S/O Shri Giriraj Verma, v. Central Bureau of Investigation

Case brief

What is this about?

What did the court decide?

What the court decided

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