Dasrath Singh Azad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 270 of 2019 Dasrath Singh Azad S/o Braju Ram Azad Aged About 50 Years R/o Village Akoljmora ,police Station And Tahsil Dabhra, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Office Spe ,CBI ACB ,CG Raipur Chhattisgarh ,civil And Revenue District Raipur Chhattisgarh., District : Raipur, Chhattisgarh. ---- Respondent MCRC No. 298 of 2019 Pankaj Patel S/o Yaadram Patel Aged About 35 Years R/o House Of Shri Krishna Patel, Jagannathpuram Colony, Near Gunjan School Sakti, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

Central Bureau Of Investigation A. C. B. Chhattisgarh, Branch Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh. ---- Respondent For the Applicants :

Shri Kamal Kishore Patel, Advocate (in MCRC No. 270/2019) Shri Manish Sharma, Advocate (in MCRC No.

298/2019) For the State :

Shri B. Gopa Kumar, Asstt. Solicitor General for Union of India ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /01/2019 1.

Above mentioned two bail applications arise out of a common Crime No. RC1242018A0011/2018 registered at Police Station SPE, CBI, ACB, CG, Riaipur, District Raipur for the offence punishable under Section 120B of IPC and Section 7 of Prevention of Corruption Act, therefore, they are being heard analogously and decided by this common order. Both bail applications are filed under Section 439 of CrPC.

2. Case of the prosecution, in brief is that applicant Dashrath Singh Azad is Clerk in the office of Sub Divisional Inspector (Post Office) Sakti, District

Janjgir-champa and applicant Pankaj Patel is Sub Divisional Inspector Post Office at Sakti. Complainant Sumit Tiwari was selected for the post of Gramin Dak Sevak Male Carrier. On 07/12/2018 complainant went to the Post Office Sakti for inquiring about the joining. Both the applicants demanded Rs.15,000 - 20,000/- for giving joining, posting and sanction of leave. On the complaint of said complainant a trap party was constituted. On 18/12/2018 applicant Dashrath Singh Azad demanded Rs. 10,000/- from the complainant and he was trapped along with Rs.5,000/- which was taken by him as a bribe.

3. Learned counsel for the applicants submitted that they are innocent and falsely implicated in the present case, therefore, they shall be released on bail.

4. On the other hand, Assistant Solicitor General for Union of India opposes the bail application. He further submits that no criminal antecedents against the applicants.

5. Looking to the facts and circumstances of the case,looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is ordered that if the applicants furnishes two solvent sureties for a sum of Rs. 25,000/- each along with one personal bond of Rs. 50,000/- each to the satisfaction of the trial Court concerned with the condition that they will not involve themselves in similar type of crime in future, they shall be released on bail.

6. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde