[2025:RJ-JP:5728] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1394/2025 Keshav Kumar Kasara S/o Satyanarayan Kasara, Aged About 33 Years, R/o Near Neelghar Ki Masjid, Khatiyon Ki Gali, Joonawas, Ward No. 3, Bhilwada (Raj) (At Present Confined In Central Jail, Jaipur). ----Petitioner Versus Central Bureau Of Investigation, through PP ----Respondent For Petitioner(s) : Mr. Rajeev Kumar Sogarwal Mr. N.K. Tiwari For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Prashant Chaturvedi HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/02/2025 1. The instant application for bail under Section 483 of BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.RC0302024A0010/2024 registered at Police Station CBI Jaipur, District SPE Jaipur for the offences punishable under Section 7 of Prevention of Corruption (Amended) Act, 2018. After completion of investigation, chargesheet has been filed for offence under Section 7 of the Prevention of Corruption (Amended) Act, 2018 and Section 61(2) of BNS. 2. Learned counsel representing the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He submits that bail application of the co-accused Adarsh [2025:RJ-JP:5728] (2 of 4) [CRLMB-1394/2025] Yogi has already been accepted by this Court vide order dated 15.01.2025 passed in S.B. Criminal Misc. Second Bail Application No.559/2025. It is contended that the petitioner was not in a position to dispose of the case, filed against the complainant and therefore, neither he can demand any illegal gratification from the complainant nor the complainant would ready to give it to the petitioner. It is thus, submitted that the allegations levelled against the petitioner are absolutely false. The accused Adarsh Yogi is the principal accused who has been enlarged on bail. Besides this, it is contended that as per order sheet dated 09.01.2025 drawn before Learned Special Judge, CBI Jaipur, it is clear that till date no prosecution sanction has been accorded against the accused Adarsg Yogi so as to prosecute him for the alleged offence. Even after filing charge sheet in the court concerned, cognizance has not been taken in the matter and same been posted for some other date for filing prosecution sanction and till then, the judicial custody of the petitioner is extended. He submits that after filing charge sheet, without taking cognizance against the petitioner, he cannot be sent for further judicial custody and in these circumstances, his continuation in judicial custody is not warranted. 3. Learned counsel contends that petitioner is in custody since 21.11.2024; charge-sheet has been filed and as such no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite time period. With these submissions, learned counsel craves indulgence of bail. [2025:RJ-JP:5728] (3 of 4) [CRLMB-1394/2025] 4. Per contra, learned Public Prosecutor and learned counsel for the complainant oppose the submissions made by the counsel for the petitioner but they could not dispute the fact that after filing chargesheet, cognizance has not been taken against the petitioner as prosecution sanction has not been accorded against the accused Adarsh Yogi, who is a public servant. It is further argued that Court should be more careful in granting bail in case of economic offences. 5. I have considered the contentions. 6. 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 co-accused Adarsh Yogi has been granted bail; after filing charge sheet, cognizance has not been taken in the matter for want of prosecution sanction against the accused Adarsh Yogi; the petitioner is in custody since 21.11.2024 and trial will take time but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioner Keshav Kumar Kasara S/o Shri Satyanarayan Kasara, 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 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 [2025:RJ-JP:5728] (4 of 4) [CRLMB-1394/2025] called upon to do so. 8. The petitioner shall surrender his passport and will not leave India without previous permission of the Court and he will not temper with evidence or win over any witnesses. 9. The observation made hereinabove is just for decision of this bail application and would not prejudice trial in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /752