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2025 DIGILAW 871 (RAJ)

Vivek Kachhwaha v. State of Rajasthan

2025-03-20

KULDEEP MATHUR

body2025
Order : KULDEEP MATHUR, J. 1. This application for bail under Section 483 of BNSS (439 of Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.RCJDH2025A0003 registered at Police Station CBI ACB Jodhpur, District Jodhpur, for offence under Section 7 of PC Act. 2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner contended that the allegation against the present petitioner is that he had accepted a bribe of Rs.15,000/- from the complainant for getting KCC Loan sanctioned in his favour. Learned counsel further contended that the petitioner has been falsely implicated in the present case and he has not committed any offence. Learned counsel further submitted that no recovery is due to be made from the petitioner. 4. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody since 17.02.2025 and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner. 5. Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application and submitted that in the present case, the petitioner was caught red handed while accepting a bribe of Rs. 15,000/- from the complainant. However, they are not in a position to refute the fact that no recovery is due to be made from the present petitioner. 6. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 7. Consequently, the bail application under Section 483 of BNSS (439 of Cr.P.C.) is allowed. It is ordered that the accused- petitioner Vivek Kachhwaha S/o Shri Surendra Singh Kachwaha arrested in connection with F.I.R. No.RCJDH2025A0003 registered at Police Station CBI ACB Jodhpur, District Jodhpur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial Court, for his appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial.