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[2025:RJ-JP:46101] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13885/2025 Ramkalyan S/o Devalal, aged about 36 Years, R/o Mundkiya, Tehsil Chabda, District Baran. (Presently Confined In District Jail Baran) ----Petitioner Versus State of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Ashvin Garg For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA
Order 17/11/2025
1. This criminal misc. bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.242/2025 registered at Police Station C.P.S. Jaipur, District ACB District for the offences punishable under Section 7 & 7A of the Prevention of Corruption (Amendment) Act, 2018 and Section 61(2) of BNS.
2. It is submitted by learned counsel for the petitioner that the petitioner is not a public servant and has falsely been implicated in this matter. It is submitted that admittedly there is no proof of any demand against the petitioner and only on the basis of unsubstantiated proof of recovery, he has been implicated on baseless and unfounded grounds. Learned counsel for the petitioner relies upon the judgment of Hon'ble Supreme Court in the case of State of Lokayuktha Police, Davanagere Vs. C.B.
[2025:RJ-JP:46101] (2 of 3) [CRLMB-13885/2025] Nagaraj reported in 2025 LiveLaw (SC) 620, in support of his
contentions. It is also submitted that after completion of investigation, charge-sheet has been filed in the present matter, hence, petitioner is no longer required for any custodial interrogation. Consequently, he prays for granting him bail.
3. Learned Public Prosecutor has vehemently opposed this bail application.
4. Considered the submissions made at Bar.
5. In view of the fact that in the instant matter, investigation is not pending and charge-sheet has been filed as well as the statements made by learned counsel for the petitioner with regard to there being no proof of demand against him as well as in the light of judgment of Hon'ble Supreme Court in the case of State of Lokayuktha Police, Davanagere (supra), this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail.
6. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Ramkalyan S/o Devalal shall be released on bail in pursuance of FIR No. 242/2025 registered at Police Station C.P.S. Jaipur, District ACB District on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioner shall also follow the conditions as under:- (i) He shall not tamper with any evidence, nor would influence the witnesses in the case.
[2025:RJ-JP:46101] (3 of 3) [CRLMB-13885/2025] (ii) He shall not leave the country without prior permission of the Court. (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court.
(ANAND SHARMA),J DIVYA /87