[2025:RJ-JP:51521] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14728/2025 Moti Shanker Nagar S/o Shri Kanhaiya Lal Nagar, Aged About 44 Years, R/o Vijay Nagar Deoli, Police Station Deoli, District Tonk. ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 14729/2025 Uvesh Sheikh S/o Abdul Munaf, Aged About 36 Years, R/o Near Maszid, Lanka Colony, Baran, Police Station Kotwali Baran, District Baran, Presently Posted As Assistant Fire Officer, Municipal Council, Baran Rajasthan. (Presently Confined In District Jail, Baran). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ashvin Garg, Adv. with Mr. Norit Hatila, Adv. Mr. Ripudaman Singh, Adv. Mr. Rajneesh Gupta, Adv. with Mr. Rahul Sharma, Adv. Mr. Heramb Saraswat, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/12/2025 1. The instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.279/2025 registered at Police Station [2025:RJ-JP:51521] (2 of 4) [CRLMB-14728/2025] C.P.S. Jaipur, ACB District for offences punishable under Section 7 of Prevention of Corruption (Amendment) Act, 2018 and Section 61(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. It is contended by learned counsel for the petitioners that petitioners have falsely been implicated in this case. It is submitted that false recovery of bribe amount has been shown from the possession of the petitioners. It is submitted that the alleged recovered bribe amount was in fact planted in the scooty boot of the petitioner- Uvesh Sheikh. It is submitted that charge- sheet has already been filed, but till date, the Investigating Agency has not obtained prosecution sanction from the competent authority and has not presented it before the trial Court along with the charge-sheet, and in absence of the prosecution sanction, trial Court has not taken cognizance in the matter and in absence of cognizance, further judicial custody of the petitioners is illegal in view of provisions of Section 346 of BNSS (Corresponding to Section 309 of Cr.P.C.). It is submitted that there are no criminal antecedents against the petitioners and trial will take considerable time in its conclusion. Counsel submit that the petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor vehemently opposes the submissions made by the learned counsel for the petitioners. He submits that the petitioners were found in possession of bribe amount and they were caught red handed. He further submits that demand and acceptance of bribe amount is serious matter and thus, benefit of bail should not be extended to the petitioners. 4. I have considered the contentions. [2025:RJ-JP:51521] (3 of 4) [CRLMB-14728/2025] 5. Having regard to the totality of the facts and circumstances of the case and considering the arguments advanced by learned counsel for the petitioners, especially considering the material available on record in the form of charge-sheet, as also the fact that till date, prosecution sanction has not been obtained by the Investigating Agency from the competent authority and in absence of prosecution sanction, the trial court has not taken cognizance in the matter, so also the fact that there are no criminal antecedents against the petitioners and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – (1) Moti Shanker Nagar S/o Shri Kanhaiya Lal Nagar and (2) Uvesh Sheikh S/o Abdul Munaf shall be released on bail provided, each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that they 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. It is made clear that the petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till conclusion of the trial. It is further directed that petitioners shall share their mobile number (in use) to the trial [2025:RJ-JP:51521] (4 of 4) [CRLMB-14728/2025] Court and Investigating Agency and they shall keep their mobile phone in active mode and they shall not switch off their mobile phone intentionally for longer period. 8. Concerned SHO shall enter attendance of the petitioners in the Roznamcha. In case, the petitioners fail to mark their presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If any breach of these conditions is reported or comes to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to the petitioners by this Court. 10. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 11. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J Manoj Solanki/- 16 & 17