NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5585 of 2022 • Lalita Prasad Pal S/o Tulsi Ram Pal, Aged About 62 Years R/o Mineral Department, Raigarh, District : Raigarh, Chhattisgarh ---- Applicant Versus • State Of Chhattisgarh Through Anti Corruption Bureau, Raipur (Chhattisgarh)

---- Respondent For Applicant : Mr. Shikhar Sharma, Advocate For Respondent : Mr. Shrikant Koushik, P.L.

Hon'ble Smt. Justice Rajani Dubey

Order on Board

28 /07/2022

1. The applicant has preferred this First bail application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.32/2019 registered at Police Station – Anti Corruption Bureau, Raipur (C.G.), for the offence punishable under Sections 13(1)(B) and 13(2) of Prevention of Corruption Act.

2. The prosecution story, in brief, is that on a departmental letter dated 09.12.2019, a preliminary investigation was conducted against the applicant, wherein it has been found that the applicant has allegedly spent Rs.1,10,47,486/- from 10.02.1981 to 25.05.2018, which is over and above & disproportionate to the known source of his income. Based on this, offence has been registered and the applicant has been taken into custody on 19.05.2022.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that during the preliminary investigation, the property of his wife received from her father and the ancestral property, which the applicant has received on account of partition, have also been taken into consideration during assessment. He also submits that the information regarding purchase of property and ancestral property was given in the ofÏce along with relevant documents in due time and the same has been taken on record by the ofÏce. He also submits that the applicant is retired Head Clerk, he is co-operating with the investigating agency, charge sheet has been filed and the custodial interrogation is not required in the case, therefore, he may be released on bail.

4. On the other hand, learned counsel for the State opposes the bail application.

5. Considering the totality of the facts and circumstances of the case, nature of offence and further considering the fact that the applicant is retired employee aged 62 years, charge-sheet has been filed and he is in custody since 19.05.2022, without commenting on merits of the case, I am inclined to release the applicant on bail.

6. Accordingly, the bail application is allowed.

7. It is directed that in the event of applicant's executing a personal bond for a sum of Rs.50,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions :-

i. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.

ii. He shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii. He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

iv. He shall furnish his original Aadhar Card, Driving License, Voter ID Card and current mobile number.

v. The learned trial Court is at liberty to impose any other condition, as it deem fit.

Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicant involving himself in any offence in the future.

Sd/-

(Rajani Dubey)

Judge PKD