MANOJ KUMAR JAIN Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of the second bail application filed under Section 439 of Code of Criminal Procedure by Mr. Madhav Mitra, Advocate on behalf of the Petitioner Manoj Kumar Jain pertaining to FIR No. 298/2010 registered by Anti Corruption Department in the offence under Sections 13(i)(d)(2) of Prevention of Corruption Act read with Sections 420, 467, 468, 471 and 120 -B of IPC.

(2.) LEARNED Counsel for the Petitioner canvassed that he had been falsely embroiled in the instant case. He is alleged to have issued two cross country certificates in favor of the trainees, who, in -fact, had not carried out any flight, but the fact is that he was not required to sign on any such certificate nor any local flight by any flying club or training institute was required to be recorded in the register. Learned Counsel also canvassed that the police had exhibited a detailed chart along -with the police report and in the last 2 column whereof it was required to be recorded as to whether any flight was carried out or not for the purpose of cross country flight? The certificates, which are said to have been issued by the Petitioner do not contain any report against them in the last column to this effect that no flight was carried out. The Petitioner is being harassed and humiliated by the officers of Anti Corruption Bureau, Jaipur. They have registered as many as eight cases against him, but the arrest has been made only in four cases. They are not making his arrest in rest of the four cases for the simple reason that the moment he is released on bail by the Court in these cases, they shall immediately arrest him in rest of the cases, which reflects their malafide as also dishonest intention. The Petitioner is being humiliated for no fault having been committed by him. These facts were not put forth at the time of arguing the first bail application. The police, after completion of investigation, has filed the charge sheet and the trial of the case is likely to take time to conclude. Hence, he may be granted indulgence of bail.

(3.) HAVING considered the submissions made at the bar and carefully perused the relevant material on record, I do not find any good ground to change my earlier view. Hence, the 4 second bail application filed on behalf of the Petitioner Manoj Kumar Jain S/o Mahendra Kumar Jain under Section 439 of Code of Criminal Procedure also deserves to be dismissed for the reasons discussed above and as enumerated in the first bail order dated 27th January, 2011 rendered by this Court and the same stands dismissed accordingly.