Gopi Kisan Jangir S/O Prahid Rai Jangir v. The State Of Maharashtra Thr. CBI, Acb Nagpur
2024:BHC-NAG:5348
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 306 OF 2024 Gopi Kisan Jangir s/o Prahid Rai Jangir V/s State of Maharashtra, thr. CBI, ACB Nagpur.
Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. M.A. Puranik, counsel for the applicant.
Mr. Prashantkumar Sathinathan, counsel for non-applicant (CBI) CORAM : URMILA JOSHI-PHALKE, J.
DATED : 03/05/ 4.
1.
The applicant came to be arrested on 26/02/2024, in connection with Crime No. RC0282024A0002, registered under Section 7 of the Prevention of Corruption Act, 1988 by Central Bureau of Investigation, ACB Nagpur.
2.
As per the allegation, the present applicant/accused demanded a bribe amount of Rs. 20,000/- from the complainant - Shri Pramod Shrihari Patil to furnish a clean inspection report of his firm M/s Russian Electrotech, Bhandara, which availed the loan of Rs. 24,64,210/- from Punjab National Bank with subsidy amount of Rs. 8,62,472/- under the Prima Minister Employment Generation Program Scheme (PMEGP). It is further alleged that the present applicant demanded the bribe amount of Rs. 20,000/- and after negotiation, agreed to accept Rs. 15,000/- from the complainant and also agreed to accept its from one Sahil S. Thakur resident of Nagpur, who is the co-accused of the said
crime. On 04/01/2024, the complainant approached the CBI and lodged the complaint and the trap was arranged by the CBI. During the trap, the CBI arrested one Sahil Thakur i.e. the co-accused and the FIR came to be registered against the present applicant and the other co-accused.
3.
Learned counsel for the applicant submitted that further incarceration of the present applicant is not required tainted amount has already been recovered and investigation is going on but, further incarceration of the present applicant is not required, and prays for releasing him on bail. 4.
Learned Special Prosecutor for CBI strongly opposed the application on the ground that the applicant is a resident of Rajasthan and if he released on bail, he would not be available for investigation purpose and the investigation would be hampered. He further submitted that considering the allegation against the present applicant, the bail application deserves to be rejected.
5.
After hearing learned counsel for the applicant and learned Special Prosecutor for the CBI, perused the investigation papers. As far as the trap amount is concerned, which is already recovered, pre-trap, and post-trap panchanama are already drawn, further incarceration of the present applicant is not required. However, considering the applicant is a resident of Rajasthan and his presence is required for further investigation purpose, some conditions require to be imposed on him. The applicant has also filed on record the affidavit of his blood relatives showing, he is having
permanent abodes in the Rajasthan. Considering all these facts, the application deserves to be allowed by imposing certain conditions. Accordingly, I proceed to pass the following order.
a) The criminal application is allowed.
b) The applicant - Gopi Kisan Jangir s/o Prahid Rai Jangir, shall be released on bail, in connection with Crime No. RC0282024A0002, registered under Section 7 of the Prevention of Corruption Act, 1988 by Central Bureau of Investigation, ACB Nagpur, on executing P.R. bond in the sum of Rs.25,000/- with one solvent surety in the like amount.
c) The applicant shall furnish the local surety. d) The applicant shall also attend the CBI Office as and when required for investigation purposes, on issuing the notice by the CBI Officer.
e) The applicant shall induce, threat or promise any witnesses, who are acquainted with the facts of the present case.
The criminal application is disposed of.
[URMILA JOSHI-PHALKE, J.]