MOHINDAR KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This order governs the disposal of second bail application filed under Sec. 439 of Crimial P.C. by Shri Praveen Balwada, Advocate on behalf of the applicant Mohindar Kumar pertaining to F.I.R. No. 369/2019 of Police Station Anti Corruption Bureau, Jaipur, registered for the offences under Sections 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 and Sections 420, 467, 468, 471 and 120B of I.P.C.

(2.) Heard the learned counsel for the petitioner, Mr. RP Singh, AAG for the State as also learned Public Prosecutor and perused the material on record.

(3.) Learned counsel for the petitioner canvassed that the accused has been in custody since 23.11.2010. Anti Corruption Bureau, after completion of investigation has filed the charge sheet on 11.3.2011 against him, which has been pending trial. Learned counsel further contended that from no stretch of imagination the offences 13(1)(d) read with Sec. 13(2) of the Act was made out from the material collected by the police during investigation. He has also argued that initially one F.I.R. No. 143/2010 was registered by the Anti Corruption Bureau and thereafter, twenty more F.I.Rs. of similar nature have been registered, which have been created from one F.I.R. No. 143/2010. During investigation, based on the statement of the witnesses. The police deliberately increased the numbers of F.I.Rs. just with a view to evince his entailment in large number of cases of serious nature whereas it is not the case. However, since the trial of the case is likely to take time to conclude and the petitioner has been in custody for the last eight months, hence, in the changed fact situation, he may be granted indulgence of bail to defend his case independently.