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RAJ BEER SINGH
J. M. P. Khanna – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. factual background of the case and bail applications. (Para 1 , 2 , 4) |
| 2. arguments made by the applicants and evidential concerns. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. court's analysis and observations on evidence and case status. (Para 12 , 13 , 14) |
| 4. conclusions regarding bail and conditions imposed. (Para 15 , 16) |
JUDGMENT
Raj Beer Singh, J.
All the above referred three bail applications pertain to one and the same case and the case of all the applicants is similar thus, these bail applications are being decided by this common order.
2. These bail applications have been moved on behalf of the applicants in F. I. R. dated 24.4.2023, bearing No. RC 216/2023/A0004, Police Station-CBI/AC-I, New Delhi, under Sections-7/8/9/10/12 of P.C. Act and Section-120-B IPC with prayer to enlarge the applicants on bail during trial.
3. Heard Sri G.S. Chaturvedi learned Senior Advocate, assisted by Ms. Somya Chaturvedi and Sri Swetash Agarwal, learned counsel for the applicants and Sri Gyan Prakash learned Deputy Solicitor General along with Sri Sanjay Yadav learned counsel for Central Bureau of Investigation (CBI) and perused the record.
4. According to prosecution version, an in
Prolonged detention without trial and lack of direct evidence justified granting bail, despite allegations of conspiracy and bribery.
Prolonged pre-trial detention without a solid evidentiary basis may justify bail, balancing defendants' rights against the gravity of alleged corruption.
The court established that while the charges are serious, the evidence collected does not necessitate continued detention, leading to the granting of bail under stringent conditions for accountabilit....
In bribery cases, the necessity for compelling evidence is vital, and a lack of clear substantiation can warrant bail, especially if co-accused have been granted bail previously.
For convictions under corruption laws, prosecution must conclusively prove demand, acceptance, and recovery of bribe alongside establishing a clear conspiracy. Inconsistencies in testimonies undermin....
The prolonged pretrial detention without trial is a key reason for granting bail, emphasizing the right to a timely trial.
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