Kushal Pravin Jain v. The State Of Maharashtra And Another
2024:BHC-AUG:14289 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO.1066 OF 2024 Kushal S/o Pravin Jain, [At present in Beed District Prison] ...APPLICANT
VERSUS
1) The State of Maharashtra, Through the In-charge Police Station Officer, Beed City Police Station, District-Beed,
2) The Superintendent of Police, Beed.
...RESPONDENTS ...
Mr. Rajendra Deshmukh, Senior Advocate a/w. Mr. Shubham Nabriya Advocate and Ms. Meenal Deshmukh Advocate i/b. Mr. Devang Deshmukh Advocate and Mr. Vishal Chavan Advocate for Applicant.
Mr. S.M. Ganachari, A.P.P. for Respondents.
...
CORAM: S.G. MEHARE, J.
DATE : 15th JULY 2024 ORDER :
1.
Heard learned counsel for the applicant and learned APP for the State.
2.
The applicant seeks bail in Crime No. 0107 of 2024, registered with Beed City Police Station, District-Beed, for the offence punishable under Sections 7 and 12 of the Prevention of Corruption Act, 1988.
3.
It has been alleged against the applicant that he has collected the bribe for the main accused. He was caught raid handed while accepting the bribe. He has submitted his explanation about money received from the complainant. It is subject to the test during the trial. The applicant is languishing in jail for more than 60 days.
4.
Except the allegations against the applicant that he was collecting agent for the main accused, the prosecution could not detect any other material. He is a businessman. The trap was successful. He was caught raid handed while accepting the money. Prosecution had no explanation for further detention. Considering the role attributed in the crime and in absence of any specific explanation from the prosecution for his further detention and the material investigation has been completed and the Court is of the view that detention of the applicant would not
serve the purpose. However, since investigating is in progress, certain conditions are to be imposed.
5.
For the above reasons, the following order is passed:-
O R D E R
i) Bail Application stands allowed.
ii) The applicant - Kushal S/o Pravin Jain be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount, in the above crime, on the condition that:- (a) The applicant shall attend the concerned police station as and when called by the investigating officer on written notice, till filing of the charge-sheet.
(b) The applicant shall surrender his passport, if any, with the police station.
(c) The applicant shall submit his cell number with address proof to the police station / investigating
officer with an undertaking that he will not change the same till the trial is concluded.
(d) The applicant shall not tamper with the prosecution witnesses.
[ S.G. MEHARE, J. ] asb/JULY24