[2025:RJ-JP:50458] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14093/2025 Jagat Singh Tanwar S/o Shivram Singh, R/o Rajkiya Hospital, Sethi Colony, Rajkiya Aawas, Jaipur, Jawahar Nagar, Jaipur (Presently Accused Petitioner Is Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through Special PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 14094/2025 Manish Agrawal S/o Manak Chand Agrawal, R/o 9, Vasundhara Colony, Tonk Road, Jaipur. Presently, Additional Principal, Sms Medical College And Head, Department Of Neurosurgery, Sms Medical College, Jaipur. (Presently Accused Petitioner Is Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through Special PP ----Respondent For Petitioner(s) : Mr. Deepak Chauhan with Mr. Ashok Choudhary Mr. Harsh Joshi For Respondent(s) : Mr. N.S. Dhakar, PP Mr. M.S. Shekhawat, PP with Mr. Gaurav Gupta, Asstt. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 15/12/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.268/2025 registered at Police Station C.P.S. Jaipur, ACB District for offences under Section 61(2) of [2025:RJ-JP:50458] (2 of 3) [CRLMB-14093/2025] Bharatiya Nyaya Sanhita (in short, ‘BNS’), 2023 and Section 7 of Prevention of Corruption (Amendment) Act, 2018. After completion of investigation, police filed charge-sheet in this matter. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. It is contended that after completion of investigation, police submitted charge-sheet in this matter but admittedly, prosecution sanction has not been annexed with the charge-sheet. It is submitted that in absence of sanction, cognizance cannot be taken against the petitioners and as such, further custody of the petitioners is not lawful. It is submitted that there is no demand on behalf of the petitioners of seeking alleged bribe amount of Rs.1,00,000/- from the complainant and alleged recovery has been made from the open place adjoining to the house of the petitioners. It is argued that charge-sheet has been filed and trial will take considerable time in its conclusion. It is argued that petitioners are in custody since 09.10.2025 and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners. It is submitted that there is serious allegation of corruption against the petitioners. 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 petitioners, especially considering the fact that after investigation, police has submitted the charge-sheet but no prosecution sanction has been submitted along with charge-sheet [2025:RJ-JP:50458] (3 of 3) [CRLMB-14093/2025] and in absence thereof, trial court did not take cognizance against the petitioners so also considering that trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Jagat Singh Tanwar S/o Shivram Singh, and (2) Manish Agrawal S/o Manak Chand Agrawal, 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. The observations made hereinabove are only for decision of these bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /24-25