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Neeraj Dutta vs State(Govt.Of N.C.T.Of Delhi) on 15 December, 2022

10. Having heard, Mr. V.P. Srivastava, the learned Senior Counsel for applicant-Vijay Singh, Mr. Anoop Trivedi, the learned Senior Counsel for applicant-Mukesh Kumar, Mr. Gyan Prakash Srivastava, Senior Advocate/Deputy Solicitor General of India assisted by Mr. Sanjay Kumar Yadav, the learned counsel representing C.B.I. and upon perusal of record, evidence, complicity of accused, accusations made coupled with the fact that recovery to the tune of Rs. 5,10,000/- has been made from applicant-Vijay Singh, no explanation regarding the recovery so made has been offered by applicant-Vijay Singh whereas no recovery has been made from applicant-Mukesh Kumar, the offence under Section 7 Prevention of Corruption Act is prima-facie not made out against applicant-Mukesh Kumar inasmuch as, the acid test of "Demand and Acceptance" as explained by the Constitution Bench in Neeraj Dutta (Supra), is not satisfied against applicant-Mukesh Kumar, the clean antecedents of applicant-Mukesh Kumar, the charge sheet having been submitted, therefore, the entire evidence sought to be relied upon by the prosecution against applicant-Mukesh Kumar now stands crystallized, no such circumstance has been pointed out by the learned Senior Counsel representing C.B.I. for the custodial arrest of applicant-Mukesh Kumar during the pendency of trial, but without making any comments on the merits of the case, the bail application of applicant-Mukesh Kumar is liable to be allowed whereas that of applicant-Vijay Singh is liable to be rejected.
Supreme Court of India Cites 93 - Cited by 160 - B V Nagarathna - Full Document
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