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Rajasthan High Court · body

2014 DIGILAW 45 (RAJ)

Hemant Jain v. State

2014-01-03

NISHA GUPTA

body2014
JUDGMENT : - This Criminal Misc. Bail Application u/s 439 Cr.P.C has been filed for grant of bail in FIR No.4/2013 registered at Police Station Pradhan Aarakshi Kendra, Anti Corruption Bureau District, Anti Corruption Wing, Jaipur for the offence under Section 7, 8, 9, 10, 12, 13 (1) (d) read with Section 13 (2), 14(a)(b) of Prevention of Corruption Act, 1988 and under Section 120 B IPC. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the relevant material placed before me. The contention of learned counsel for the petitioner is that the petitioner has been falsely implicated in the matter. The only allegation against the petitioner is that one slip has been recovered from the co-accused Ramdev Thatera on which name of the present petitioner was written and during investigation, Ramdev Thatera has disclosed that case was pending against the present petitioner in which negative final report was filed. The co-accused Lokesh Sonwal has demanded the money. The further contention of the learned counsel for the petitioner is that the FIR which has been pending against the petitioner at Police Station Ramganj, Ajmer bearing No. 210/2012 was compromised between the parties and he has no role to play, nothing has been recovered from him, he is rather a witness in the matter but he has been implicated falsely in the matter, hence he may be released on bail. Learned Public Prosecutor has opposed the bail application but nothing substantial has been shown against the petitioner. Without expressing any opinion on the merits of the case and looking to the above, the bail application is allowed and it is ordered that the petitioner be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/-to the satisfaction of trial court for his appearance on each and every date of hearing or whenever called upon to do so.