1 MHNS010045922022 Order below Exh. 1 in Criminal Bail Application No. 1062/2022

1.This is an application preferred by applicant Gajanan Marotrao Lanjewar for bail under section 439 of Cr.P.C. in C.R.No. I242/2022 registered in Bhadrakali 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 in jail since 26/08/2022 and cooperated in the investigation. Accused was working as Chief Administrative Officer. Already house seizure be done by the I.O.

and all documents were seized. Nothing remains to be seized at the instance of accused. Accused is falsely implicated in the present crime.

Investigation is already completed and nothing remains to investigate in the crime. Accused has no concern with the offence. Accused is aged about 52 years and he has implemented various important schemes of the Government while he was in the service. He is responsible persons of his family. He has no criminal antecedents. He is not habitual offender. For further investigation there is no need to keep the accused in jail. 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 taking the search of the house of the accused it is seen that the said house is purchase in the name of his wife in the year 2019. Similarly, one more house is purchase at Ulave, Navi Mumbai which has to be investigated. Two plots have been purchase at Nalwadi, District Wardha and Amravati which has to be inquired. Bank accounts of the accused, wife and children has to be investigated. If accused is released on bail there is every possibility he will dispose off the immovable property. Accused is Class­I officer and there is possibility that he will threaten the complainant through others. 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 nothing incriminating was recovered from the accused. Accused is in service since 30 years. False case has been filed against him. He is resident of Nashik and his presence can be secured. Hence, prayed that application be allowed. On the other hand Ld. APP has objected this application on the count that wife of the accused has no source of income and two flats are purchased in her name. If accused is released on bail he will dispose off immovable property.

Investigation is in progress. Hence, prayed that application be rejected.

5.On perusing the papers it is seen that complainant who is Medical Officer, Class­II had been to the Office of the accused for encashment of the leave after retirement. Demand was made of Rs.20,000/­ by the accused for getting the sanction. Investigating officer has contended that investigation is in progress with respect to the immovable properties and bank account of the accused. However, presence of the accused is not required for conducting the said investigation. Nothing remains to be recovered or discovered from the accused. Offence levelled against the accused is punishable up to 7 years of imprisonment. Trial will take time. Accused is not likely to flee away as he is resident of Nashik. 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 Gajanan Marotrao Lanjewar involved in C.R.No. I­242/2022 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 two sureties of like amount.

3.The accused shall mark his presence in Anti Corruption Bureau, Nashik on every Monday from 11.00 a.m. to 1.00 p.m. till filing of the charge­sheet.

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.

Sd/­xxx Nashik. (V.S.Malkalpatte­Reddy) Date : 02/09/2022. Additional Sessions Judge, Nashik.