HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1853/2026 Rakesh Godara S/o Shri Sagar Mal Godara, Aged About 29 Years, R/o House No.-68, Suratsinghpura, District- Bikaner, Rajasthan, Atpresent Patwari Patwar Mandal-Somalsar, Nokha, Bikaner,rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Public Prosecutor.

2. Rajkumar S/o Rameshwar Lal, Aged About 29 Years, R/o.village- Somalsar, Tehsil- Nokha, District- Bikaner, Rajasthan..

----Respondents For Petitioner(s) : Ms. Deepika Soni For Respondent(s) : Mr. VS Rajpurohit, PP HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

13/03/2026 The present criminal misc. petition has been filed under Section 528 BNSS by the petitioner for grant of necessary instruction passed in the FIR No. 167/2025 registered at Police Station CPS ACB Jaipur for offences under Section 7 of Prevention of Corruption Act, 1988.

Learned counsel for the petitioner submits that in the present case, the matter pertains to the offence under Prevention of Corruption Act and the challan is being shortly filed before the learned trial Court. She further submits that petitioner has cooperated throughout the investigation and in such circumstances may not be arrested and the trial Court may be directed to accept his bail bonds.

Learned counsel has further relied upon the judgments passed by the Hon’ble Apex Court in “Satender Kumar Antil Vs. Central Bureau of Investigation and Ors.’ arising out of Special Leave Petition (Crl.) No. 5191 of 2021 and by Coordinate Bench of this Court in SB Criminal Misc. Petition No.7542/2025 ‘Ashok Kumar Vs. State of Rajasthan’.

Learned Public Prosecutor submits that challan in the case is ready and the same is being shortly filed.

This Court has considered the facts and circumstances of the mater; the petitioner during the investigation was not arrested and had cooperated in the matter throughout. The investigation in the matter is now complete and hence the custodial interrogation and investigation of the petitioner has not been asked by the investigating agency.

In view of the judgments passed by the Hon’ble Apex Court in “Satender Kumar Antil Vs. Central Bureau of Investigation and Ors. (supra) and by Coordinate Bench of this Court in ‘Ashok Kumar Vs. State of Rajasthan’(supra) the petitioner shall not be arrested. Instead, he shall be informed about the filing of the charge-sheet and shall be required to appear before the concerned Court on the fixed date. Upon filing of the charge-sheet, the petitioner shall appear before the trial Court and move a regular bail application. In the event such bail application is filed, the learned trial Judge shall released the petitioner on bail on the very same day, keeping in view the curtailment of the petitioner’s fundamental right to speedy investigation, as enunciated by the Hon’ble Apex Court in Vakil Prasad Singh vs. State of Bihar, reported in AIR 2009 (3)

SCC 355.

With the aforesaid directions, the present criminal misc.

petition as well as stay petition stands disposed of.

(BALJINDER SINGH SANDHU),J

244-Jatin/-