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2026 DAILYLAW 1296 (RAJ)

RAKESH KUMAR GUPTA S/O SHRI CHANDRABHAN GUPTA v. STATE OF RAJASTHAN

CRLMB/3457/2026 · 2026-04-07

Pramil Kumar Mathur

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:14395] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3457/2026 Rakesh Kumar Gupta S/o Shri Chandrabhan Gupta, R/o 509, Krishna Nagar, P.s Mathura Gate, District Bharatpur (Raj.). (Erstwhile Junior Engineer (Contract Worker) Samsa Block Kumher, Dist. Deeg (Raj.) (Presently In Central Jail Bharatpur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Anurag Sharma For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 07/04/2026 1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.38/2026 registered at Police Station CPS Jaipur, District ACB District for offences under Sections 7 and 12 of PC Act, 1988. 2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record. 3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He further submits that the allegation against the present petitioner is that being a public servant, he demanded a bribe amounting to Rs.23,400/- for performing an official act pending in his office. A trap was alleged conducted by the ACB wherein the accused was caught red handed and tainted amount of Rs.23,400/- was recovered from his scooty. It is submitted that there was no demand or voluntary [2026:RJ-JP:14395] (2 of 2) [CRLMB-3457/2026] acceptance of bribe amount which is sine qua non for constituting an offence under the Prevention of Corruption Act. No custodial interrogation of petitioner is required. Petitioner is behind the bars since 06.02.2026 without any criminal past. Charge-sheet has already been filed. The trial of the case will take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody, consequently, the bail application deserves to be allowed. 4. Learned Public Prosecutor has vehemently opposed the bail application. 5. On consideration of the rival submissions and material available on record and in light of submission made by learned counsel for the petitioner but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner. 6. Consequently, the bail application under Section 483 B.N.S.S. is allowed and it is directed that the petitioner Rakesh Kumar Gupta S/o Shri Chandrabhan Gupta, be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court on all subsequent dates of hearing till conclusion of the trial. (PRAMIL KUMAR MATHUR),J Chandan/106