Madhya Pradesh High Court
Rajendra Narayan Singh Yadav vs The State Of Madhya Pradesh on 7 March, 2018
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HIGH COURT OF MADHYA PRADEH :JABALPUR
M.Cr.C.No.7524/2018
Rajendra Narayan Singh Yadav vs. State of Madhya
Pradesh
JABALPUR, DATED: 07.03.2018
Shri Anil Lala, counsel for the petitioner.
Shri Pankaj Dubey, counsel for respondent
Lokayukt Police Establishment.
Heard on this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of petitioner Rajendra Narayan Singh Yadav in Crime No.45/2018 registered by P.S.- Special Police Establishment Lokayukt Organization, Sagar District Sagar under Sections 7, 12, 13(d), 13(2) of the Prevention of Corruption Act, 1988.
As per the prosecution case, petitioner R. N. Singh Cooperative Inspector, Chhatarpur and co-accused senior Cooperative Inspector R.K. Sharma had demanded Rs.2,00,000/- from victim Jahar Singh by way of bribe. The bribe was demanded in order to grant time to the victim to prepare the record and for ultimate finding of an inquiry being conducted by R.N.Singh and R.K. Sharma against victim Jahar Singh, in his favour. Out of aforesaid amount, Rs.90,000/- had already been paid to aforesaid two persons on 10.02.2018. The petitioner was caught red- handed accepting Rs.30,000/- as bribe from the victim at his residence. The victim also recorded the conversation that took place between the petitioner and the victim at his residence.
2HIGH COURT OF MADHYA PRADEH :JABALPUR M.Cr.C.No.7524/2018 Rajendra Narayan Singh Yadav vs. State of Madhya Pradesh Learned counsel for the petitioner submits that the petitioner has been in custody since 11.02.2018. Whatever was required to be seized from the possession of the petitioner has already been seized by Lokayukta police. The petitioner has been falsely implicated in the case. Therefore, it has been prayed that the petitioner be released on bail.
Learned counsel for Lokayukt Establishment on the other hand has opposed the application mainly on the ground that the petitioner was caught red-handed accepting bribe of Rs.30,000/- at his residence. The conversation between the petitioner and the victim has been recorded and co-accused R.K. Sharma is still absconding. Therefore, it has been prayed that the application for bail be dismissed.
However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts, as pointed out by learned counsel for the petitioner, in the opinion of this Court, the petitioner deserves to be released on bail.
Consequently, this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of petitioner Rajendra Narayan Singh Yadav, is allowed.
It is directed that the petitioner shall be released on bail on furnishing a personal bond in the sum of 3 HIGH COURT OF MADHYA PRADEH :JABALPUR M.Cr.C.No.7524/2018 Rajendra Narayan Singh Yadav vs. State of Madhya Pradesh Rs.50,000/- with one solvent surety in the same amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.
Certified copy as per rules.
(C. V. Sirpurkar)
Digitally
b signed by Judge
BIJU BABY
Date: 2018.03.08
03:26:29 -08'00'