1 MHNS010047162022 Order below Exh. 1 in Criminal Bail Application No. 1092/2022

1.This is an application preferred by applicant Dineshkumar Budha Bagul for bail under section 439 of Cr.P.C. in C.R. No. I­228/2022 registered in Mumbai Naka Police Station, Nashik for the offence punishable under section 7 of the Prevention of Corruption Act.

2.It is submitted by the accused that he is innocent and has not committed any offence. Accused is working as Executive Engineer at Tribal Department of PWD and so far his service record is meritorious and unblemished. He has no previous criminal record. He has not demanded and accepted any bribe amount as alleged in fact the name of the applicant is falsely incorporated. All the bank accounts are sealed and papers regarding all the properties are attached, hence, there is no possibility of tampering. He is karta of his family and his family members are dependent on him. He is suffering from Hypertension and dyslipidemia since 2012 and undergoing treatment for the same.

Practically all investigation is over as statement of witnesses are already recorded, house search is taken and nothing remains to be recovered or discovered at his instance. Accused is government servant and has put in 23 years of service therefore there is no possibility of jumping bail. There is no possibility to tampering the witnesses and therefore no purpose would be served by detaining the accused behind bar. He is ready to abide by all the terms and condition. Hence, prayed that application is allowed.

3.Say was called of the investigating officer. He has objected this application on the count that, on house search of the accused after successful trap they found cash of Rs.45,40,000/­ from his house at Pune.

Similarly, in the house search at his house at Nashik Rs.98,63,500/­ was found. No information was given by the accused in the police custody about the cash amount and they have to inquire about the same.

Documents pertaining to landed property and bank account has been obtained of the accused and his wife of various places. Communication has been made for opening the investigation against the accused. If accused is released on bail he will threaten the witnesses. Statement of witnesses are yet to be recorded. Spot panchanama has to be prepared.

Hence, prayed that application be rejected.

4.Heard Ld. APP and Ld. Advocate for accused. It is contention of the Advocate for the accused that already recovery has been made.

Nothing has to be recovered from the accused. Grounds are not justified to detain the accused behind bar. Trial will take time. Hence, prayed that bail be granted as they are ready to abide by all the terms and conditions.

On the other hand Ld. APP has objected on this ground that huge cash amount has been recovered from the house of the accused. Investigation with respect to the said amount is in progress. If accused is released on bail there is every possibility that witness will be tamper. Investigation is at primary stage if accused is released on bail they will destroy the evidence hence prayed that application be rejected.

5.Considering the FIR and the case papers it is seen that during the investigation not only the demand amount but also disproportionate cash amount was recovered to the tune of Rs.1,44,03,500/­ from the house of the accused. Investigating Officer has submit that accused has not cooperate during the custody about the amount of Rs.1,44,03,500/­/­ and the investigation towards it is pending. It is seen that police has levelled offence under Section 7 of Prevention of Corruption Act, however, they also contended that investigation with respect to disproportionate property is yet pending. There is possibility that aggravated offence will be levelled against the accused. Considering the gravity of offence, nature of allegations, recovery of such a huge amount reflects that there is criminal misconduct on behalf of the accused. The offence committed by the accused is menace to the society which has to be curbed. In view of the above ground and when investigation is in progress I am not inclined to released the accused on bail and proceed to pass following order :­

ORDER

Application is hereby rejected.

Sd/­xxx Nashik. (V.S.Malkalpatte­Reddy) Date : 13/09/2022. Additional Sessions Judge, Nashik.