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Judgment
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner apprehends his arrest in connection with FIR No.234/2015 of Police Station CPS ACB Jaipur, District ACB Sirohi for the offences punishable under Section 13(2) PC Act read with Section 120-B IPC. He has preferred this anticipatory bail application under Section 438 Cr.P.C.
Learned counsel for the petitioner has submitted that the allegations levelled against the petitioner in the FIR are absolutely false. It is submitted that there is no evidence available on record regarding the commission of any offence punishable under the Prevention of Corruption Act. It is submitted that the petitioner is a supplier of the electronic items for which a tender was issued by the Municipal Board, Sirohi. It is submitted that the petitioner participated in the said tender and as he had quoted the lessor rates of the electronic items, he was awarded the contract by the Municipal Board, Sirohi for supplying the electronic items. It is submitted that there is no allegation against the petitioner of this effect that he has not supplied the electronic items as per the conditions of the contract and there is no illegality in supplying the same. It is submitted that the then Chairman of the Municipal Board, Sirohi has already been enlarged on anticipatory bail, therefore, the petitioner is also entitled to be enlarged on anticipatory bail.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case and after perusing the case diary, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner under Section 438 Cr.P.C.
Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioner - Nishant S/o Magan Lal Bhanderi in FIR No.234/2015 of Police Station CPS ACB Jaipur, District ACB Sirohi he shall be enlarged on bail provided he furnishes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:-
(i) He shall make himself available for interrogation by Investigating Officer as and when required;
(ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;
(iii) He shall not leave India without the previous permission of the court.