Surendra Singh Rathore S/O Shri ... vs State Of Rajasthan
2022 Latest Caselaw 3849 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 5979/2022

Surendra Singh Rathore S/o Shri Indra Singh Rathore, Aged
About 56 Years, R/o No. 32 Tara Nagar-A, Jhotwara, Jaipur
Currently Ceo And Director Of Bio Fuel Authority And Posted As
Joint Secretary, Rural Development Department Yojna Bhawan,
Jaipur ( Accused Presently Confined In Central Jail Jaipur)
                                                                      ----Petitioner
                                       Versus
State Of Rajasthan, Through P.p.
                                                                    ----Respondent

For Petitioner(s) : Mr. Deepak Chauhan, Adv. For Respondent(s) : Dr. Vibhuti Bhushan Sharma, AAG Mr. Vishna Ram, Addl. SP (ACB)

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

16/05/2022

1. The present bail application has been filed under Section 439

Cr.P.C. The petitioner has been arrested in connection with FIR

No.123/2022 Registered at Police Station Pradhan Aarakshi

Kendra, ACB, Jaipur for the offence(s) under Sections 7, 7-A of

Prevention of Corruption (Amendment) Act, 2018 and Section

120-B IPC.

2. Learned counsel for the petitioner submits that the petitioner

has been falsely implicated in this case. He is behind the bars

since 07.04.2022. Learned counsel for the petitioner also submits

that there is no evidence that petitioner had demanded

Rs.5,00,000/- and accepted the same. Learned counsel for the

petitioner also submits that prosecution widely published that

(2 of 3) [CRLMB-5979/2022]

Rs.3,66,11,160/- were recovered during the proceedings but the

said amount is not mentioned in the FIR. Learned counsel for the

petitioner also submits that the said amount belongs to the

petitioner's son-Deependra Singh, who is running Galaxy Mining

Private Limited etc. These amounts belong to his business.

Learned counsel for the petitioner also submits that he had filed

the documents regarding these amounts. Learned counsel for the

petitioner also submits that work of the complainant was pending

before Secretary. Petitioner was no concerned to it. Conclusion of

trial may take long time. So, the petitioner be enlarged on bail.

3. Learned counsel for the petitioner has placed reliance upon

the judgment of Hon'ble Supreme Court in Dashrath Singh

Chauhan Vs. Central Bureau of Investigation (Criminal

Appeal No.1276/2010) decided on 09.10.2018.

4. Learned AAG has opposed the arguments advanced by

learned counsel for the petitioner and submitted that petitioner

and Devesh Sharma were engaged in bribe proceedings and

Davesh Sharma had taken Rs.5,00,000/- on behalf of the

petitioner. He further submitted that a huge amount and FDRs

were recovered from the petitioner's house. Investigation is still

going on. So, the bail application filed by the petitioner be

dismissed.

5. Considering the contentions put-forth by the counsel for the

petitioner and taking into account the facts and circumstances of

the case and without expressing any opinion on the merits of the

case, this court deems it just and proper to enlarge the petitioner

on bail.

(3 of 3) [CRLMB-5979/2022]

6. Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner Surendra

Singh Rathore S/o Shri Indra Singh Rathore shall be enlarged

on bail provided he furnishes a personal bond in the sum of

Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for his appearance before

the court concerned on all the dates of hearing as and when called

upon to do so.

(NARENDRA SINGH DHADDHA),J

Jatin /36

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