RAKESH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Bail application has been filed on behalf of petitioner namely Rakesh Kumar Singh who is in custody in connection with Ranchi Vigilance P.S. Case No. 48 of 2016, corresponding to Vigilance Case no. 51 of 2016 for the offence registered U/Ss. 7/13(2) of Prevention of Corruption Act,1988.

(2.) Learned counsel for the petitioner has not gone into the merits of the case rather, he has produced an order dated 16th June, 2016 passed in B.A. No. 5041 of 2015 by the coordinate bench of this court, wherein, on the basis of ratio laid down in the case of Sanjay Chandra Vs. C.B.I. reported in (2012)1 SCC 40 petitioner has been bailed out. Learned counsel has further submitted that case of the petitioner in that case is similar to the petitioner in the instant case as both are government servant and both the cases are related to the charge of illegal gratification. The main point that has been raised is that an amount of Rs. 2,78,140/- was recovered from the table of that petitioner, and Rs. 19, 52, 430/- from the house while from the possession of this petitioner an amount of Rs. 1,00,000/- has been recovered. Learned counsel for the petitioner has further submitted that petitioner in that very case was in custody for about two months while the petitioner in the instant case is in custody from 10.6.2016 i.e. about four months. Therefore, he has prayed to enlarge the petitioner on bail on the ground of parity.

(3.) Learned Counsel for the Vigilance has opposed the prayer for bail and has submitted that in this case all the verification was made and all the formalities were adopted for trap and Rs. 1,00,000/- was recovered from the possession of the petitioner, hence, he may not be released on bail.