HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14529/2024 Bharat Kumar S/o Shri Mularam, Aged About 26 Years, R/o Khariyatla, Police Station Barmer Rural, Tehsil Barmer, District Barmer, Presently Constable No. 194, Police Station Kaithun, District Kota Rural. (At Present Confined In Central Jail Kota, District Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Shovit Jhajharia For Respondent(s) : Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/01/2025 1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.175/2024 registered at Police Station C.P.S. Jaipur, ACB District for the offences punishable under Sections 7, 7-A & 12 of Prevention of Corruption Act, 1988 (As amended 2018) & Section 61(2) of BNS 2023. Charge-sheet has been filed for offences under Sections 7 & 7-A of Prevention of Corruption Act, 1988 (As amended 2018) and Section 61(2) of BNS 2023. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that according to the prosecution case, petitioner was found in possession of the bribe amount which was received (2 of 3) [CRLMB-14529/2024] by him on behalf of the co-accused Dhanraj Meena was posted as SHO in the same Police Station where petitioner was working as constable. Counsel further submits that the alleged bribe amount was recovered from the open place out behind the back side wall of the police station and no recovery has been made from the petitioner. It is contended that still prosecution sanction has not be accorded in the matter. It is submitted that petitioner is in custody since 18.08.2024. Charge-sheet has been filed, trial will take time in its conclusion and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. He further submits that still the co- accused is absconding. Thus, bail should not be granted. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, as also the fact that prosecution sanction has not been yet issued; petitioner is in custody since 18.08.2024; charge-sheet has been filed and trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Bharat Kumar S/o Shri Mularam, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five (3 of 3) [CRLMB-14529/2024] Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J ANAND TANWAR /117