Rajasthan High Court
Mahipal Choudhary S/O Shri ... vs State Of Rajasthan on 1 February, 2021
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Second Bail Application No.
15555/2020
Mahipal Choudhary S/o Shri Rugharam, Aged About 27 Years,
R/o Vill. Ramliyavas Tehsil Merta City Dist. Nagour (At Present In
Central Jail Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No.
15650/2020
Ranjeet Singh S/o Late Sh. Babulal, Aged About 37 Years, R/o
Civil Lines Teachers Colony Bareli (U.p.) Presently Private
Security/clerk Vice Chancellor Maharishi Dayanand Saraswati
University Ajmer (Presently Confined At Central Jail Ajmer)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Brahma Nand Sandu present in
the Court
Mr. Kapil Prakash Mathur present in
the Court
For Respondent(s) : Mr. Vibhuti Bhushan Sharma, AAG
with Mr. Harshal Tholia present in the
Court
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
01/02/2021
1. Petitioners have filed these bail applications under Section
439 Cr.P.C.
2. F.I.R. No.195/2020 was registered at Police Station ACB
(2 of 3) [CRLMB-15555/2020]
Jaipur (ACB SU Ajmer) (Raj.) for offence under Sections 7, 7A and
8 of P.C.A. Act and Section 120-B of I.P.C.
3. It is contended by counsel for the petitioners that the
allegation against petitioner-Mahipal is of paying bribe amount of
Rs.2,20,000/-, which was recovered from the co-accused-Rampal
Jat, who was the Vice Chancellor. It is also contended that the
amount was given to the Vice Chancellor through petitioner-Ranjeet
Singh. It is further contended that the Vice Chancellor has been
granted bail by the Co-ordinate Bench of this Court.
4. Counsel for the petitioner has placed reliance on "Sanjay
Chandra Vs. CBI" (2012) 1 SCC 40.
5. Learned Additional Advocate General has vehemently opposed
the bail application. It is contended that Government is moving to
the Supreme Court for cancelling of bail of co-accused- Rampal Jat.
It is also contended that the amount was taken from as many as
seventy colleges and the amount would go to the tune of more
than Rs.5 crore. However, it is admitted that except the bribe
amount of this case, no recovery has been effected from the
petitioner or Vice Chancellor.
6. Additional Advocate General has placed reliance on "Kavi
Arora vs. State" in Bail Application No.1413/2020 decided by the
High Court of Delhi on 23.07.2020; "Ramesh Chand Goel Vs
CBI" in Criminal Misc. Bail Application No.46367/2015 decided by
Allahabad High Court on 28.03.2016 and "Junaid Khan Vs
Central Bureau of Investigation" in Criminal Misc. Bail
Application No.2524/2019 decided by Uttrakhand High Court on
18.09.2020. It is argued that even after the judgment of "Sanjay
(3 of 3) [CRLMB-15555/2020]
Chandra vs CBI"(supra), Court has dismissed bail applications in
appropriate cases.
7. I have considered the contentions.
8. As far as the present case is concerned, the allegation is
against petitioner-Mahipal of giving bribe amount of Rs.2,20,000/-
to the Vice Chancellor through petitioner-Ranjeet Singh and the
said amount has been recovered. Petitioners are in custody since
September, 2020. The co-accused, who is the principal accused and
the Vice Chancellor and from whose office the said amount was
recovered, has been enlarged on bail by Co-ordinate Bench of this
court.
9. In view of the judgment of "Sanjay Chandra vs
CBI"(supra) and also the fact that co-accused has been enlarged
on bail, I deem it proper to allow these bail applications.
10. These bail applications are, accordingly, allowed and it is
directed that accused-petitioners shall be released on bail provided
each of them furnishes a personal bond in the sum of
Rs.1,00,000/- (Rupees One Lac only) together with two sureties in
the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the
satisfaction of the trial Court with the stipulation that they shall
appear before that Court and any Court to which the matter be
transferred, on all subsequent dates of hearing and as and when
called upon to do so.
11. A copy of this order be placed in connected file.
(PANKAJ BHANDARI),J
ARTI SHARMA /45-46
Powered by TCPDF (www.tcpdf.org)
