Dhanraj S/O Late Shri Rajiram vs. State Of Rajasthan
Facts
These are two bail applications filed under Section 439 of the Cr.P.C. by Dhanraj, a Superintendent in the CGST Anti-Evasion Wing, Alwar, and Vinay, an Inspector in the same wing. Both petitioners are lodged in Central Jail, Bharatpur, in connection with FIR No. 240/2022 registered at Police Station C.P.S., A.C.B. Jaipur, for offences under Section 7 of the Prevention of Corruption (Amended) Act, 2018, and Section 120-B of the IPC. The petitioners have been in custody since June 14, 2022, and charge-sheets have been filed. The counsel for Dhanraj argued that there was no demand, nothing was recovered on the spot, and no call details linked him to the complainant. The counsel for Vinay stated he was subordinate to Dhanraj, performed duties as per instructions, and no recovery was made from him. Both petitioners claim no criminal antecedents.
Held
The Court allowed the bail applications, ordering the release of both petitioners, Dhanraj and Vinay, on bail. The decision was based on considering the submissions made by the learned counsel for the petitioners and the overall facts and circumstances of the case. However, the Court explicitly stated that it was not expressing any opinion on the merits or demerits of the case. The operative directions required each petitioner to furnish a personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each. One of the sureties for each petitioner must be a resident of Bharatpur District. This bond is to be furnished to the satisfaction of the learned trial Judge, ensuring their appearance before the Court on all hearing dates and when called upon. No specific GST provisions were discussed as the case primarily concerned bail under the Cr.P.C. and the Prevention of Corruption Act.
Key Issues
1. Whether the petitioners are entitled to be released on bail under Section 439 of the Cr.P.C. in connection with FIR No. 240/2022 registered for offences under Section 7 of the Prevention of Corruption (Amended) Act, 2018, and Section 120-B of the IPC? Petitioner's Arguments: - Dhanraj: No demand was made, no recovery was effected from the spot, and no call details connect him to the complainant. He has been in custody since June 14, 2022, and has no prior criminal record. - Vinay: He was subordinate to Dhanraj, acted as per higher authorities' instructions, and no recovery was made from him. He also has no criminal antecedents and has been in custody since June 14, 2022, with the charge-sheet already filed. Respondent's Arguments: The State of Rajasthan, through its Government Advocate-cum-Additional Advocate General, strongly opposed the bail applications.
Sections Cited
Section 439, Section 7, Section 120-B
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10782/2022 Dhanraj S/o Late Shri Rajiram, Aged About 48 Years, R/o S-1, Amrit Kunj, Murlipura, Police Station Murlipura, Jaipur Presently Residing At Rented Accommodation Of Shri Ravi Sharma Block- B, Surya Nagar, Alwar, Posted as Superintendent Goods And Service Tax Commissionerate, Anti Evasion Wing, Alwar, Rajasthan (Presently Lodged At Central Jail Bharatpur) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 12340/2022 Vinay Son Of Shri Vijaypal, Aged About 32 Years, Resident Of Vill. Jakhrana, Police Station Bahror Distt. Alwar Presently Posted As Inspector, Central Goods, And Service Commissionerate, Anti Evasion Wing, Alwar (Raj.) (Presently Confined At Central Jail Bharatpur) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Sneh Deep Khyaliya, Advocate Mr. Rajneesh Gupta, Advocate For Respondent(s) : Mr. G.S. Rathore, Government Advocate-cum-Additional Advocate General HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order 17/08/2022 These bai
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