MANOJ GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application has been filed under Section 439 Cr.P.C in connection with FIR No. 127/2020 registered at Police Station Anti Corruption Bureau for Offence under Section 7 of the Prevention of Corruption Act, 1988.

(2.) Learned counsel for the petitioner has submitted that the petitioner is in custody since 15.07.2020. He was presented for the purpose of remand on 16.07.2020. It is further submitted that the petitioner was promoted as Additional Chief Engineer on 09.07.2020 and the work of registration of contractors was being handled by Deputy Housing Commissioner (Head Quarter) (DHC). It is further submitted that the complaint made to ACB on 10.07.2020 did not refer to posting of petitioner as DHC(HQ) but rather as Additional Chief Engineer. The work of complainant had nothing to do with posting of the petitioner as Additional Chief Engineer. The complainant had never met with the petitioner in person at any point of time earlier. Complainant met the petitioner to cause trap on the same day by planting Rs.25000/- behind photo of Shri Govind Dev Ji kept at a distance from the seat of the applicant in his chamber. It is further submitted that the complainant met petitioner in the morning and the petitioner told him that his work/file was no longer with him so he should contact the concerned officer. It is further submitted that no red handed trap of the petitioner has taken place and the petitioner has a history of Coronary Artery Disease since 2012 with blockage of 50-60% with decreased blood pumping capacity. It is further submitted that the petitioner is behind the bars since 15.07.2020 and the conclusion of the trial will take time, hence, the petitioner may be released on bail.

(3.) Learned Public Prosecutor has vehemently opposed the bail application.