Rajesh Kr Gupta vs. The State Of Assam
Held
The Court considered the rival submissions and the materials present in the Case Diary. It found that there were indeed materials on record that implicated the applicant, Rajesh Kr. Gupta. However, to avoid causing prejudice to any party, the Court refrained from making further observations at this stage. Based on the presence of implicating materials, the Court concluded that the bail application was liable to be rejected. Therefore, the bail application was dismissed.
Facts
The petitioner, Rajesh Kr. Gupta, filed a bail application under Section 439 of the Cr.PC in connection with ACB PS Case No. 06/2022. The case involves alleged offenses under Section 120B of the IPC and Section 7(a)/12 of the Prevention of Corruption Act, 1988. The petitioner claims he is a scapegoat and the prime accused is one Shri Sonit Borthakur, who allegedly made an illegal demand for a bribe to settle a GST-related matter. The State, represented by the PP, Assam, contended that money was recovered from the petitioner. The Case Diary contained materials implicating the applicant.
Key Issues
1. Whether the applicant, Rajesh Kr. Gupta, is entitled to bail under Section 439 of the Cr.PC, considering the materials on record that implicate him in ACB PS Case No. 06/2022, which pertains to alleged offenses under Section 120B of the IPC and Section 7(a)/12 of the Prevention of Corruption Act, 1988? Petitioner's Contentions: The petitioner argued that he is not the prime accused and is being made a scapegoat. He identified Shri Sonit Borthakur as the prime accused, who allegedly made an illegal demand for a bribe to settle a GST-related matter. Revenue's Contentions: The State contended that money was recovered from the petitioner, implying his involvement in the alleged offense.
Sections Cited
Section 7(a)/12 of the Prevention of Corruption Act, 1988, Section 120B of the IPC, Section 439 of the Cr.PC
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER Date : 22-03-2022 Heard Shri LN Dihingia, learned counsel for the applicant, namely, Rajesh Kr.
Gupta, who has filed this bail application under Section 439 of the Cr.PC praying for bail in connection with ACB PS Case No. 06/2022 under Section 120B of the IPC, read with Section 7 (a)/12 of the Prevention of Corruption Act, 1988. Page No.# 2/2 I have also heard Shri RJ Baruah, learned Addl. Public Prosecutor, Assam, who has produced the Case Diary.
Shri Dihingia, learned counsel submits that the prime accused is not the applicant but one Shri Sonit Borthakur, w
The judgment continues below.
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