VARUN CHOUDHARY Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has invoked jurisdiction of this Court under Sec. 439 of Cr.P.C for grant of bail in case FIR No.RC0042024A0002 dtd. 26/3/2024 registered with Police Station CBI, ACB, Jammu for offence under Sec. 7 of Prevention of Corruption Act.

(2.) It is averred in the application that the petitioner has been involved in a false trap case and has been taken into custody on 26/3/2024. It has been further contended that on the very next day i.e on 27/3/2024, the respondent-Investigating Agency did not even ask for custody of the petitioner and, accordingly, he was sent to judicial custody, but in spite of this, the Court of learned Special Judge Anticorruption (CBI Cases), Jammu ('Special Judge' for short) has rejected the bail application of the petitioner. It has been submitted that the petitioner is suffering from severe asthama and even otherwise, no purpose is going to be served by keeping the petitioner in custody as the investigation of the case is almost complete.

(3.) The respondent-Investigating Agency has contested the bail application by contending that the investigation of the case is at a crucial stage and if the petitioner is enlarged on bail, he may influence the witnesses. It has been further submitted that the petitioner has been caught red handed while demanding and accepting a sum of Rs.9000.00 from the complainant and that he has committed a heinous offence. It has been further submitted that the petitioner, who was posted as Patwari at village Nanga, demanded a bribe of Rs.50,000.00 through co-accused Dayal Chand and it is on account of these serious allegations against the petitioner that the learned Special Judge has rejected his bail application.