HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S. B. Criminal Misc. Bail Application No. 2204/2022

Rakesh Kumar S/o Shri Raghumal, aged about 37 years, R/o Rai

Colony, Behind School, Panchbatti Chouraha, Barmer at present

Excise Inspector, Excise Circle, Barmer.

(At present lodged in Central Jail, Jodhpur)

----Petitioner

Versus

State of Rajasthan

----Respondent

For Petitioner(s)

:

Mr. C.S. Kotwani

For Respondent(s)

:

Mr. Sumer Singh Rajpurohit, Dy.G.C.

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

15/02/2022

The present bail application has been filed under Section 439

of Cr.P.C. on behalf of the petitioner who is in custody in

connection with F.I.R. No. 26/2022 registered at Police Station

CPS ACB Jaipur (Chowki Barmer) for the offences under Sections 7

& 7A of the Prevention of Corruption (Amendment) Act, 2018 and

Section 120-B of I.P.C.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submits that the offences

alleged against the petitioner under Section 7 & 7A of the

Prevention of Corruption (Amendment) Act, 2018 are punishable

with imprisonment for not more than 7 years. The petitioner is a

government servant posted as Excise Inspector. There is no

criminal antecedents against the petitioner. He further submits

(2 of 2)

[CRLMB-2204/2022]

that there is no evidence available on record to suggest that the

petitioner accepted the amount of illegal gratification. There is no

likelihood of completing the trial in the near future. On the above

grounds, learned counsel for the petitioner prays that the

petitioner may be enlarged on bail.

On the other hand, learned Public Prosecutor has opposed

the bail application.

Having regard to the rival contentions of the parties and

upon a consideration of the facts and circumstances of the case,

without commenting upon the merits of the case, this Court is of

the opinion that the bail application under Section 439 of Cr.P.C.

filed by the petitioner deserves to be accepted.

Consequently, the present bail application under Section 439

of Cr.P.C. is allowed. It is ordered that the accused-petitioner -

Rakesh Kumar S/o Raghumal arrested in connection with F.I.R.

No. 26/2022 registered at Police Station CPS ACB Jaipur (Chowki

Barmer) shall be released on bail provided he furnishes a personal

bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to

the satisfaction of the learned trial court with the stipulation to

appear before that Court on all dates of hearing and as and when

called upon to do so.

(RAMESHWAR VYAS),J

39-Inder/-