R.P. Dubey(Rajendra Prasad Dubey) v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4038 of 2018 • R.P. Dubey(Rajendra Prasad Dubey) (as per Remand Form), (wrongly mentioned as Rajendra Dubey in bail rejection Order) S/o Late Shri Kamta Prasad Dubey Aged About 54 Years, Assistant Director, Udanti Sitanadi Tiger Reserve, Mainpur, District Gariyaband, Chhattisgarh. Presently R/o C-8 Chhota Bazar Mohalla, Datia, District Datia (M.P.) ---- Applicant

Versus

• State Of Chhattisgarh, Through : Anti Corruption Bureau, Raipur, District- Raipur, Chhattisgarh ---- Respondent For Applicant.

:

Shri Manish Sharma, Advocate.

For Respondent. :

Shri Anil Pilley, Dy. A.G.

Hon'ble Shri Justice Pritinker Diwaker Order on Board /07/2018 1.

The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody since 24.05.2018 in connection with Crime No.0/2018 registered at Police Station : Anti Corruption Bureau, Raipur (C.G.) for the offence punishable under Sections 7, 13(1) (d) r/w 13 (2) of Prevention of Corruption Act 1988.

2.

As per the prosecution case, the applicant was caught red handed by the Anti Corruption Bureau accepting the bribe of Rs. 1 Lakh from complainant Yashwant Kumar Sahu for clearing pending bills.

3.

Learned counsel for the applicant submits that the bills of the complainant had already been cleared and the payment was also made to him. He further submits that as on date it is not sure whether the sanction would be granted for prosecuting the applicant, the investigation may take some time, the applicant is a Govt. servant having clean past record and, therefore, he may be released on bail.

4.

On the other hand, State counsel opposes the bail application.

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the totality of the facts and circumstances of the case, in particular the nature of allegation made against the applicant and his detention period, this Court is of the opinion that it is a fit case to release the applicant on bail. 7.

Accordingly, the application is allowed and the accused/applicant is directed to be released on bail on his furnishing a personal bond of Rs.5,00,000/- with one surety for the like sum to the satisfaction of the concerned Court for his appearance before it as and when directed. Sd/- (Pritinker Diwaker) Judge Vijay