Anil Kumar S/o Shri Lokram vs State Of Rajasthan, Through PP

The instant bail application has been filed by the accused- petitioner under Section 483 of the BNSS in connection with F.I.R. No.127/2026, registered at Police Station C.P.S. Jaipur, District ACB District for the offences punishable under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the PC Act") and under Section 308(2), 238 B.N.S.

Learned counsel for the accused-petitioner submits that the petitioner is in custody since long and the investigation has already culminated in filing of the charge-sheet. It is submitted that, at the highest, the material available on record may indicate existence of a strong prima facie case against the petitioner, but the ultimate culpability of the petitioner cannot be conclusively determined at the stage of consideration of bail.

Learned Public Prosecutor has opposed the bail application on the ground of the nature and gravity of the allegations.

Heard learned counsel for the parties and perused the material available on record.

The allegations levelled against the accused-petitioner involve matters which require appreciation of evidence during the course of trial. Whether the petitioner had any intention or occasion to seek any undue favour, whether any amount was allegedly paid in pursuance thereof, the circumstances in which the alleged transaction took place and the evidentiary value of the trap proceedings are all questions of fact which are required to be established by the prosecution by leading cogent evidence before the trial Court. At this stage, this Court is not required to undertake a meticulous appreciation of the evidence or record any conclusive finding regarding the guilt of the accused.

It is also relevant that the accused-petitioner is a public servant and, therefore, cannot be presumed to evade the process of law merely on the basis of the nature of the allegations. The purpose of pre-trial detention is essentially to secure the presence of the accused during the proceedings and to ensure a fair trial, and not to operate as a substitute for punishment. Once the investigation has been completed and the charge-sheet has been filed, continued incarceration of the accused merely because the trial may take a considerable period of time requires careful consideration. The ultimate questions arising from the prosecution case can appropriately be adjudicated only after a full-fledged trial.

Having regard to the totality of the circumstances, including the period of custody already undergone by the accused- petitioner, completion of investigation, filing of the charge-sheet, his status as a public servant and the likelihood of the trial taking considerable time, this Court is of the considered opinion that continued incarceration of the petitioner is not warranted at this stage. Without expressing any opinion on the merits of the case, the accused-petitioner deserves to be enlarged on bail. The primary consideration while granting such liberty would, however, remain that the petitioner shall regularly appear before the learned trial Court and shall not misuse the liberty granted to him. In the event of any misuse of such liberty, or deliberate non- appearance before the trial Court, it shall be open to the prosecution to seek cancellation of bail in accordance with law.

Accordingly, the instant bail application under Section Section 483 BNSS is allowed. It is ordered that the accused- petitioner shall be released on bail in connection with F.I.R. No.127/2026, registered at Police Station C.P.S. Jaipur, District ACB District, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial Court, subject to the condition that he shall appear before the learned trial Court on every date fixed in the case and as and when his presence is required, and shall comply with all other conditions imposed by the learned trial Court. The observations made hereinabove are confined only to the consideration of the present bail application and shall not prejudice either side during the course of trial.