Sunil Kumar S/O Shishram vs. State Of Rajasthan
Facts
The petitioners, Ram Swaroop and Sunil Kumar, are accused in FIR No. 266/2020, registered at Police Station Pradhan Aarakshi Kendra, Jaipur, Anti Corruption Bureau, Jaipur. The FIR pertains to alleged offences under Section 7 of the Prevention of Corruption Act and Section 120-B of the Indian Penal Code. The petitioners, who are stated to be associated with CGST (Anti-Evasion), Jaipur, were arrested on 05.11.2020. A charge-sheet has since been filed in the case. The petitioners are seeking bail under Section 439 of the Cr.P.C.
Held
The Court allowed the bail applications. The reasoning was based on considering the submissions made by the learned counsel for the petitioners, the nature of the allegations against them, their length of custody (since 05.11.2020), the filing of the charge-sheet, and the absence of criminal antecedents. The Court explicitly stated that it was not expressing any opinion on the merits of the case. The operative direction was to release the petitioners on bail under Section 439 Cr.P.C. upon furnishing a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each, subject to compliance with conditions under Section 437(3) Cr.P.C.
Key Issues
1. Whether the petitioners are entitled to be released on bail under Section 439 Cr.P.C. in connection with FIR No. 266/2020 for offences under Section 7 of the Prevention of Corruption Act and Section 120-B of the IPC? The petitioner's counsel contended that the tainted amount was not recovered from the conscious possession of the petitioners and that they have been falsely implicated. It was also submitted that the petitioners have been in custody since 05.11.2020, a charge-sheet has been filed, the trial is likely to take time, and they have no criminal antecedents. The learned Public Prosecutor opposed the bail applications.
Sections Cited
Section 7, Section 120-B, Section 439, Section 437(3)
AI-generated summary — verify with the full judgment below
(1 of 2) [CRLMB-14971/2020] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14971/2020 Ram Swaroop S/o Kanaram, Aged About 42 Years, R/o 74 NP, Post Office 75 N P Tehsil Raisingh Nagar Distt. Shree Ganganagar Currently Residing At E-124 Kardhani Kalwad Road Jaipur (Director, Anti-Evasion CGST, Jaipur) Presently Confined In Jaipur Central Jail ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 15443/2020 Sunil Kumar S/o Shishram, Aged About 35 Years, R/o Bibasar PS Jhunjhunu Currently Residing At 201 Amour Tower Pradhan Marg Malviya Nagar Jaipur (Inspector Anti-Evasion (CGST) Jaipur) (Presently Confined In Jaipur Central Jail ) ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Deepak Chauhan For Respondent(s) : Mr. S.S. Ola, PP HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 12/01/2021 The present bail applications have been filed under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No.266/2020 registered at Police Station Pradhan Aarakshi Kendra, Ja
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