MHNS010028412022
Order below Exh. 1 in Criminal Bail
Application No. 700/2022.
1.

This is an application preferred by applicant Amol
Khanderao Ghuge for bail under section 439 of the Code of Criminal
Procedure in C.R.No.I­140/2022 registered in Bhadrakali Police
Station, Nashik for the offence punishable under section 7 of the
Prevention of Corruption Act.

2.

In short, the accused submit that he is innocent. Applicant
has no role to sanction the bill.

The role of the applicant is very
limited as he collects the bill and forward it to Zilha Parishad, Nashik.
He has performed his duty in February 2022, hence, there is no
question of demanding bribe. FIR reflects that present complainant is
registered government contractor since last 15 years. However, he is
not registered contractor of Zilha Parishad, Nashik.

Record reflects
that work order of pipe water supply at Pathare, Tal. Sinnar was
alloted to one Sambhaji Yashwant Kandalkar and he has submitted
the bill in February 2022.

In March 2022 final bill of Sambhaji
Yashwant Kandalkar was sanctioned by concerned officer and the
amount is credited to the account of Sambhaji Yashwant Kandalkar.
No role is attributed to the present applicant. Investigation is
practically over. Tainted currency notes have been already seized. He
is ready to abide by all the terms and conditions. Hence, prayed that
the present application be allowed.

3.

Say was called of Investigating Officer he has objected this
application on the count that complainant is conducting business by
name of Savata Mali Construction which is registered. He is sub­
contractor
of
the
original
government
contractor
Yashwant
Kandalkar. The present work was completed by taking the work from
Government Contractor Shri. Yashwant Kandalkar. The original
contractor has given letter to that behalf to the complainant. After
the amount was disbursed to the Government Contractor on
25.05.2022. After making the payment in cash to the complainant
accused demanded bribe to the complainant so he lodged complaint to
Anti Corruption Bureau.

4.

It has further contended that in the presence of the panch
accused made demand to the complainant as well as accepted the
amount.

If he is released on bail there is possibility of threaten the
complainant and witnesses. Investigation is in progress. Witnesses
are yet to be examined and the work of collecting the relevant
documents is in progress. As of now documents are not obtained.
Accused was working in Rural Water Supply department since long
and if he is released on bail there is every possibility of changing the
documents.

Even there is possibility of interference with the
witnesses and the evidence.

Hence, prayed that application be
rejected.

5.

Heard Learned Advocate for the accused and Learned
APP for the State. Perused the case papers. It is seen that accused
was arrested on 04.06.2022 and was in MCR till 06.06.2022.
Practically investigation is completed. Nothing has to be recovered or
discovered from the accused. The offence is punishable up to 7 years
of imprisonment. Trial will take time. Accused is resident of Nashik.
Hence he is not likely to flee away. Apprehension of the prosecution
that accused will tamper and hamper the prosecution witnesses can be
taken care of by imposing stringent conditions. Hence, I proceed to
pass following order :­
ORDER
1.

The application is allowed.

2.

The applicant/accused Amol Khanderao Ghuge involved in
C.R.No.I­140/2022 registered in Bhadrakali Police Station,
Nashik for the offence punishable under section 7 of the
Prevention of Corruption Act, be released on bail on his
executing P.R. and S.B. of Rs.30,000/­ (Rupees Thirty Thousand
Only) with one or more surety.

3.

The accused shall mark his presence in Bhadrakali Police
Station on every Monday from 11.00 a.m. to 1.00 p.m. till
filing of the charge­sheet and to co­operate Investigating
Officer.

4.

The accused shall not tamper with the prosecution evidence
or witnesses.

5.

The accused shall furnish address proof, photo identity
and mobile number of self and their two close relatives.

6.

In case of breach of the conditions, the respondent is at
liberty to apply for cancellation of bail.

Nashik.
Date : 09/06/2022.

Sd/­xxx
(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.