Happy Mathur S/O Late Shyambihari Mathur Vs State of Rajasthan — Corruption | Rajasthan HC (2025)

Happy Mathur S/O Late Shyambihari Mathur Vs State of Rajasthan — Corruption | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Accused-petitioner Happy Mathur to be released on bail in pursuance of FIR No. 261/2025 (PS CPS Jaipur, District ACB District) on a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each, subject to conditions: (i) not to tamper with evidence or influence witnesses; (ii) not to leave the country without prior permission of the Court; (iii) to co-operate in the trial and attend each hearing until presence exempted by the trial Court.

Issue for consideration

Whether the accused-petitioner, facing prosecution under Sections 7, 7A & 12 of the Prevention of Corruption (Amended) Act, 2018 in FIR No. 261/2025, should be enlarged on bail now that the charge-sheet has been filed and his co-accused has already been granted bail.

Court's answer

In view of the co-accused having already been enlarged on bail and the charge-sheet having been filed after completion of investigation, the Court deemed it just and proper to enlarge the petitioner on bail, expressly without expressing any opinion on the merits and demerits of the case.

Ratio / Principle

The second bail application was allowed and the accused-petitioner was ordered released on bail in FIR No. 261/2025 on furnishing a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each, subject to conditions: not to tamper with evidence or influence witnesses; not to leave the country without prior permission of the Court; and to co-operate in the trial and attend every hearing unless exempted by the trial Court.

Detailed headnote1 paragraphs

HAPPY MATHUR v. STATE OF RAJASTHAN - Bail granted (second application). Accused in FIR No. 261/2025, PS CPS Jaipur (District ACB District), for offences punishable under Sections 7, 7A & 12 of the Prevention of Corruption (Amended) Act, 2018, moved a second bail application under Section 483 of BNSS, 2023 after his First Bail Application No. 14522/2025 was dismissed as withdrawn with liberty to file afresh after submitting challan (order dated 21.11.2025). Since the charge-sheet had been filed on 26.11.2025 and co-accused Chandra Prakash had already been enlarged on bail (order dated 11.12.2025 in S.B. Criminal Miscellaneous Bail Application No. 16193/2025), the Court, without expressing any opinion on the merits and demerits of the case, deemed it just and proper to enlarge the petitioner on bail. Bail allowed on a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each, subject to conditions: (i) not to tamper with evidence or influence witnesses; (ii) not to leave the country without prior permission of the Court; (iii) to co-operate in the trial and attend every hearing unless exempted by the trial Court. (Order dated 15/12/2025) (Hon'ble Mr. Justice Anand Sharma)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Second Bail Application No. 16194/2025

Happy Mathur S/o Late Shyambihari Mathur, R/o House No. 66, K. Shyamnagar, Phulera, District Jaipur (Raj.) (Accused Petitioner Presently Confined In Central Jail, Jaipur).

----Petitioner

Versus

State of Rajasthan, through PP

----Respondent

For Petitioner(s) : Mr. Sanchit Tamra with Ms. Anu Sharma For Respondent(s) : Mr. Vivek Sharma, PP

HON'BLE MR. JUSTICE ANAND SHARMA

Order

15/12/2025

This criminal miscellaneous second bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.261/2025 registered at Police Station CPS Jaipur, District ACB District for the offences punishable under Section 7, 7A & 12 of the Prevention of Corruption (Amended) Act, 2018. The First Bail Application No.14522/2025 filed by the petitioner was dismissed as withdrawn with liberty to file afresh after submitting challan by this Court vide order dated 21.11.2025.

Learned counsel for the petitioner submits that the petitioner is not a public servant and is simply running a mobile shop and the amount was accepted by him against sale of one mobile to the co-accused. It is submitted that after investigation,

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charge-sheet has been filed on 26.11.2025 and thus, the petitioner is no longer required for any custodial interrogation. Learned counsel further submits that co-accused Chandra Prakash has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 11.12.2025 in S.B. Criminal Miscellaneous Bail Application No.16193/2025. Consequently, he prays for granting him bail.

Learned Public Prosecutor has vehemently opposed this second bail application.

Considered the submissions made at Bar.

In view of the fact that co-accused has already been enlarged on bail by this Court and after completion of investigation, charge-sheet has been filed, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail.

Accordingly, this second Bail Application is hereby allowed. The accused-petitioner Happy Mathur S/o Late Shyambihari Mathur shall be released on bail in pursuance of FIR No. 261/2025 registered at Police Station CPS Jaipur, District ACB District on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accusedpetitioner shall also follow the conditions as under:-

(i) He shall not tamper with any evidence, nor would influence the witnesses in the case.

(ii) He shall not leave the country without prior permission of the Court.

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[CRLMB-16194/2025]

(iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court.

(ANAND SHARMA),J

DIVYA /1