(1.) The State of Rajasthan has filed these two applications under Section 439(2) Cr. P. C. for cancellation of order granting bail to the accused non-applicants by Mr. R. S. Rathore, RHJS, Special Judge, Sessions Court (Prevention of Corruption Act) Jaipur, (for short "Special Judge"), in FIR No. 109/2004 of Anti Corruption Bureau, Jaipur. The Special Judge has granted bail to accused-non- applicant R. S. Srivastava (hereinafter referred as "an accused") vide order dated 10th August, 2004 on an application under Section 167(2) Cr. P. C. whereas the another accused-non-applicant Ajay Data (hereinafter referred as "co-accused") has been allowed bail under Section 437 Cr. P. C. vide order dated 11-8-2004. Both the applications under Section 439(2) Cr. P. C. arise from FIR No. 109/2004 of Anti Corruption Bureau, Jaipur and both the orders have been passed in the same FIR by the same Judge, therefore, both these applications are disposed of by a common order.
(2.) The facts in brief are that on 9th June 2004, two first information reports bearing No. 109/2004 (for short "First FIR") and 110/2004 (for short "second FIR") were registered against accused R. S. Srivastava and others by Anti Corruption Bureau, Jaipur for offences under Sections 7, 8, 13 (l)(a) and 13(l)(d)(2) of the Prevention of Corruption Act, 1988 read with Section 120-B IPC.
(3.) Facts relating to accused R. S. Srivastava
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