UMESH PATIYAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These anticipatory bail applications have been filed by the petitioners apprehending their arrest in connection with F.I.R. No.202/2010, Police Station ACB Chowki, Banswara CPS ACB Jaipur, for the offences under Section 120B IPC and Section 13(1)(d)/ 13 (2) of the Prevention of Corruption Act. Heard learned counsel for the petitioners and learned Public Prosecutor assisted by Mr. Brijesh Kumar Soni, I.O. The above F.I.R. in relation whereof the prosecution agency seeks to arrest the petitioners Umesh Patiyat and Smt. Krishna Katara was registered at ACB Chowki, Banswara CPS Jaipur with the allegation that Mr. Bhagwat Puri, the then Vice Chairman of the Municipality Banswara conspired with other employees of Municipality and the Executive Officer Sureshchander Maheshwari as well as the Chairperson and fraudulently got allotted a plot belonging to the Housing Board in his own name and in the name of his wife Hans Kunwar projecting it to be strip land.

(2.) Mr. Mahesh Bora, Sr.Advocate and Mr. Vineet Jain, representing Smt. Krishna Katara and Umesh Patiyat respectively urge that the accused petitioners are innocent and have been falsely implicated in the instant case.

(3.) Mr. Bora Submits that Smt. Krishna Katara joined as Chairperson, Municipality on 4.2.2004. The proceedings for allotment of the land had almost been finalized by the time. Only three days after her joining, the file was placed before her and entertaining a bonafide belief about the genuineness of the proceedings, she signed the file for allotment of the strip lands to Bhagwat Puri and Hans Kunwar. He thus prays that the petitioner Smt. Krishna Katara deserves to be released on anticipatory bail.