(Order below Exh.1) B.A.No.1059/2022 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT
NASHIK BAIL APPLICATION NO.1059 OF 2022

Mr.Kamaruddin Gulam Ahmad Sayyad ] ] .. Applicant/accused

V/s.

The State of Maharashtra ] Through– P.I. Dindori Police ] Station (Anti Corruption Bureau) ] ..Respondent/prosecution

Advocate Shri.S.V.Bhate for the applicant/accused.

APP Shri.S.G.Kadave for the State.

ORDER BELOW EXH.1

This is an application filed under Section 439 of the Criminal Procedure Code for offence punishable under Sections 7 of the Prevention of Corruption Act, 1988 in C.R.No.288/2022 registered with Dindori Police Station.

2.Facts of the prosecution is summarized as follows –

The applicant has been arrested for demanding and accepting a bribe amount of RS.10,000/- from the complainant. The applicant is presently working as Circle Officer to the Tahsil Department at Dindori, Dist. Nashik. The applicant was arrested immediately after the alleged incident on 25.08.2022. He has been produced in PCR on 26.8.2022 wherein he has been remanded to MCR vide order dated 27.08.2022. The department of Anti Corruption received complaint from Ashok Maruti Ubale, the farmer, age 49 yrs, staying at Flat No.B-1, Vakratunda Housing Society, Tarawala Nagar, Nashik. He
made complaint that, applicant is demanding bribe of Rs.10,000/- for taking mutation entry at 7×12 extract in the name of maternal aunt and himself. Accused demanded Rs.5,000/- for Smt.Bagul and
Rs.5,000/- for himself and accordingly the trap was planned and succeeded and accused was found alongwith bribe amount.

Accordingly, an offence under Section-7 of the Prevention of Corruption Act, 1988 was registered.

3.Facts of the applicant case is that, he is innocent person and he has not committed offence. He is circle officer working with Tahsil Department at Dindori, Dist.Nashik. He has alleged to have been
caught read-handed in course of accepting gratification. He is victim of circumstances and has been innocently roped into the said contravention. The panchnama has been prepared. He has provided
all information. Present case is based on the documentary evidence for which his custody is not material.

4.I have heard Ld. Adv.Shri.Bhate, who pithily submitted that the accused is behind hail since 25.08.2022. Preliminary inquiry is completed. The documents is required to the ACB are available in
public domain. It is not case of disproportionate assets. He is ready to cooperate investigation.

5.I.O. Mr. Abhishek Patil, Dy. S.P. is present. He objected to released on bail.

6.I have heard Ld. APP Shri.Kadave, who vehemently argued that the documents from the Dintori Tahsil needs to be recovered.

Accused being circle officer may tamper prosecution evidence.

7.Heard both side at length. Perused application and all documents alongwith say filed by the ACB. The seizure panchnama is already prepared. I have gone through the schedule of property i.e. Flat No.103, Indralok Apartment, Nashik Road, Nashik. It is crystal clear that the house search panchnama is prepared. The verification and trap panchnama is also prepared. Voice sample is recorded.

Nothing remains to done at the instance of the Anti Corruption Bureau except recovery of the documents from Tahsil, Dindori. I am of the considered opinion that the said document can be very well
obtained from Tahsil Dindori, who is bound to supply immediately to the department of ACB. The apprehension that the accused may be hurdle to collect documents from Tahsil office is not acceptable. In such circumstance, stringent condition can be laiddown. No purpose will suffice by keeping the accused behind bar as recovery is already done, seizure panchnama is already prepared, voice sample is recorded and accused in jail since 25.08.2022. Hence, order

ORDER

1.Bail Application below Exh.1 is allowed.

2.Applicant/accused Kamaruddin Gulam Ahmad Sayyad be released on bail in C.R. No.288/2022
registered with Dindori Police Station for an offence punishable under Sections- 7 of the Prevention of
Corruption Act, 1988 on furnishing P. R. Bond of Rs.50,000/- (Rs.Fifty Thousand Only) with one or two
surety in like amount on following conditions.

(a) He shall attend ACB Office on every Monday and Wednesday in between 11.00 a.m. to 2.00 p.m. till
filing of charge-sheet.

(b) He shall not pressurize the prosecution witnesses and his family members and also come in contact
in any way with them and co-operate the investigation agency.

(c) He shall not repeat the offence.

(e) If he breach any of the abovesaid conditions it would be a cause to cancel the bail.

3.Criminal Bail Application stands disposed of accordingly.

Digitally signed by UMESHCHANDRA UMESHCHANDRA JAIKUMAR MORE JAIKUMAR MORE Date: 2022.09.01 17:16:15 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 01.09.2022 Nashik.