Rajasthan High Court - Jodhpur
Om Prakash vs Uoi on 7 August, 2020
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7620/2020
Om Prakash S/o Shri Mohan Lal, Aged About 35 Years, Village
Chhapuda Khurd, Tehsil Shahpura, District Jaipur. At Present
N.t.p.c. Bhadla, Tehsil Phalodi, District Jodhpur. (At Present
Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
Uoi, Through C.B.I.
----Respondent
For Petitioner(s) : Mr. M.S. Rajpurohit, through video
call
For Respondent(s) : Dr. Sachin Archarya, for Union of
India (C.B.I.) through video call
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order 07/08/2020 In the wake of onslaught of COVID-19, as an abundant caution, hearing of the cases shall be only through video conferencing.
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. RC/JDC/2020/A2002, Police Station C.B.I./A.C.B. Jodhpur, registered for the offence under Section 7 of Prevention of Corruption Act.
Heard learned counsel for the parties through video call. Perused the material available on record.
Learned counsel for the petitioner stated that the matter is related to Section 7 of Prevention of Corruption Act, 1988; no further investigation or recovery is pending the against the (Downloaded on 07/08/2020 at 08:49:02 PM) (2 of 2) [CRLMB-7620/2020] petitioner; trial will take time, therefore, benefit of bail may be granted to the petitioner.
On the contrary, Dr. Sachin Achraya, learned counsel appeared on behalf of Union of India(C.B.I.) through video call stated that bribe of Rs. 3,50,000/- demanded by the accused- petitioner for clearance of pending bills and Rs.1,00,000/- recovered from accused-petitioner. He further stated that petitioner was working as Manager (Operation & Management) and therefore, benefit of bail should not be granted to the accused-petitioner.
After thoughtful consideration of the case and having regard to the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner-Om Prakash S/o Shri Mohan Lal, arrested in connection with F.I.R. No.RC/JDC/2020/A2002, Police Station C.B.I./A.C.B. Jodhpur, shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupess Twenty Five Thousand) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DEVENDRA KACHHAWAHA),J 35-Arvind/-
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