Rajasthan High Court - Jaipur
Bhairu Bux Raiger vs State Of Rajasthan Through P P on 6 September, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Miscellaneous Bail No. 9005 / 2017
Bhairu Bux Raiger S/o Shri Lachchhuram B/c Raiger, Aged About
62 Years, R/o Village Haspur, Tehsil Shrimadhopur, At Present R/o
Plot No.B-70, Shyam Mitra Mandal Nagar, Road No.5, Murlipura,
Jaipur. (At Present Confined in Central Jail, Jaipur).
----Petitioner
Versus
State of Rajasthan Through P.P.
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. Jitendra Singh Rathore For State : Mr. S.K. Saini, Public Prosecutor along with Mr. Satish Kumar Agarwal, Assistant Director, Pension & Pensioner's Welfare Department _____________________________________________________ HON'BLE MR. JUSTICE BANWARI LAL SHARMA Order 06/09/2017 The present Misc bail application under section 439 Cr.P.C. is preferred by the Accused/ petitioner in the matter of FIR No. 155/2017 registered at Police Station Anti Corruption Bureau, Chowki Sikar, for offences punishable under Sections 7, 13 (1) (D) read with Section 13 (2) of Prevention of Corruption Act, 1988 and Section 120-B of IPC.
Learned counsel for the petitioner submits that petitioner is retired official who was working on contract as reader Tehsildar, Khandela from where he has been removed after the alleged incident. Petitioner is in custody since 14.06.2017, (2 of 3) [CRLMB-9005/2017] investigation has been completed and charge-sheet has already been filed. Department is free to initiate proceedings if any on administrative side according to pension Rules but petitioner may be released on bail.
Learned Public Prosecutor opposed the bail application and submitted that the allegation against the present petitioner is serious one regarding taking bribe of Rs. 15,000/-, therefore bail application of present petitioner may be dismissed.
I have considered the submissions made at bar. On consideration of submissions made on behalf of the respective parties and the material made available for my perusal, therefore without expressing any final opinion on the merit and de-merit of the case and specially considering the fact that petitioner is in custody since 14.06.2017, investigation has been completed and charge-sheet has already been filed, I am inclined to grant benefit of bail to the accused-petitioner.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed.
Therefore, it is ordered that the accused-petitioner Bhairu Bux Raiger S/o Shri Lachchhuram in FIR No. 155/2017 registered at Police Station Anti Corruption Bureau, Chowki Sikar, shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- each and two surety bonds of Rs. 50,000/- each to the satisfaction of the learned trial court with the stipulation to (3 of 3) [CRLMB-9005/2017] appear before the Trial Court on all dates of hearing and as and when called upon to do so.
(BANWARI LAL SHARMA)J. S. Kumawat/124