Honble JAIN, J.–The State of Rajasthan has filed these two applications under Section 439(2) Cr.P.C. for cancellation of order granting bail to the accused non-applicants by Mr. R.S. Rathore, RHJS, Special Judge, Sessions Court (prevention of Corruption Act) Jaipur, (for short ``Special Judge), in FIR No. 109/2004 of Anti Corruption Bureau, Jaipur. The Special Judge has granted bail to accused-non-applicant R.S. Srivastava (hereinafter referred as ``an accused) vide order dated 10th August 2004 on an application under Section 167(2) Cr.P.C. whereas the another accused-non-applicant Ajay Data (hereinafter referred as ``Co-accused) has been allowed bail under Section 437 Cr.P.C. vide order dated 11.8.2004. Both the applications under Section 439(2) Cr.P.C. arise from FIR No. 109/2004 of Anti Corruption Bureau, Jaipur and both the orders have been passed in the same FIR by the same Judge, therefore, both these applications are disposed of a common order.

(2). The facts in brief are that on 9th June 2004, two first information reports bearing No. 109/04 (for short ``First FIR) and 110/04 (for short ``second FIR) were registered against accused R.S. Srivastava and others by Anti Corrupti

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