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2025 DAILYLAW 4231 (RAJ)

BANWARI LAL S/O SHRI SAMPAT RAM v. STATE OF RAJASTHAN

CRLMB/1043/2025 · 2025-03-12

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:11476] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1043/2025 Banwari Lal S/o Shri Sampat Ram, Aged About 49 Years, R/o Mangleshpur, Tehsil Ramgarh, Police Station Ramgarh, District Alwar (Raj.) Then Sub Inspector, Station House Officer, Police Station Nangal Rajavataan, District Dausa. (Presently Accused Petitioner Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Deepak Chouhan, Adv. Mr. Ashok Choudhary, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 12/03/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.166/2022, registered at Police Station Pradhaan Aarakshi Kendra, Anti Corruption Bureau, Jaipur District OP ACB Vianui, Jaipur, for the offence(s) under Sections 7 and 7A of Prevention of Corruption Act, 1988 (Amended Act 2018) and Section 120-B of IPC. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is contended that the present petitioner never demanded any bribe from the complainant, the direct charge of receiving the money is against the other co-accused Jagdish Prasad Meena. No recovery of any [2025:RJ-JP:11476] (2 of 3) [CRLMB-1043/2025] tainted money was effected from the present petitioner. There was no verification been made about the fact that the petitioner demanded money from the complainant. It is also contended that the charge-sheet was produced against the petitioner under Section 299 of Cr.P.C., and the petitioner surrendered before the concerned Court on 09.01.2025. The other co-accused Jagdish Prasad Meena has already been enlarged on bail and the trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the petitioner being appointed as S.H.O., Police Station Nangal Rajavtaan, District Dausa in connivance with the other co-accused Jagdish Prasad Meena demanded bribe from the complainant and the amount was recovered from the possession of the Jagdish Prasad Meena, therefore, considering the gravity of the offence, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on the record. 5. It is not desirable to express anything on the merits of the case, the accused-petitioner is in custody since 09.01.2025 and trial of the case may take considerable time. The other co-accused from whom recovery of Rs.1,00,000/- was effected has already been enlarged on bail, therefore considering the above facts, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused-petitioner- Banwari Lal S/o Shri Sampat Ram, in connection with FIR No.166/2022, registered at Police Station Pradhaan Aarakshi [2025:RJ-JP:11476] (3 of 3) [CRLMB-1043/2025] Kendra, Anti Corruption Bureau, Jaipur District OP ACB Vianui, Jaipur, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-51