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2021 DIGILAW 1999 (RAJ)

Nemaram v. State of Rajasthan

2021-10-22

DEVENDRA KACHHAWAHA

body2021
JUDGMENT Devendra Kachhawaha, J. - 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.353/2021, Police Station ACB, CPS Jaipur, District ACB Jodhpur Rural, registered for the offence punishable under Section 7 of Prevention of Corruption Act (Amended) 2018. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner while submitting a copy of FIR bearing number 305/2021 Police Station, Banar, District Jodhpur East stated that FIR has been filed by the complainant; petitioner is behind the bars since 16.09.2021; no investigation or recovery is pending against the petitioner; and trial will take time. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the petitioner. 4. Per contra, learned Public Prosecutor has fervently and vehemently opposed the bail application of the accused-petitioner and stated that bribe of Rs.10,000/- has been recovered from the trouser of the accused-petitioner. 5. Having regard to the facts and circumstances of the case, particularly looking to the facts that petitioner is behind the bars since 16.09.2021; further investigation and trial will take sufficiently long time, therefore, 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. 6. Consequently, the bail application is allowed. It is ordered that the petitioner - Nemaram S/o Bhaguram, arrested in connection with F.I.R. No.353/2021, Police Station ACB, CPS Jaipur, District ACB Jodhpur Rural, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.