1 Cri.B.A.No.368/2022Ex.1
Order below Exh.1 in Cri. Bail Application No. 368/2022
Maniklal Rohidas Patil .. Applicant / Accused.
Vs.
The State of Maharashtra through ACB Office, through Ghoti Police Station, Ghoti, (Cr. No. 07/2022)
.. Prosecution
Order below Exh.1.
1.This application has been filed by the applicant/accused under section 439 of Cr.P.C. for releasing him on regular bail in the aforesaid Crime registered at Ghoti Police Station, for the offence punishable under section 7 of the Prevention of Corruption Act.
2.According to the prosecution, the applicant who was working as a Headmaster, Government Secondary Ashram School, Vaitarna Nagar, Tal. Igatpuri, has been arrested by ACB Office for allegedly accepting the bribe of Rs.10,000/ from the complainant who is working on the contract basis in the said school, for drawing his salary. The complainant was not ready to pay the bribe to him and so, he approached ACB, Nashik and reported the matter. Accordingly, a trap was laid on 15.03.2022 and the accused was arrested while accepting the bribe of Rs.10,000/. The accused was booked by ACB Office under the relevant sections of Prevention of Corruption Act.
Based on his report, crime was registered against him and he was arrested on 15.03.2022 and since then, he is in Judicial custody.
3.The learned counsel Mr. M.Y.Kale appearing for the applicant/accused has argued that the applicant is innocent and has not committed any offence. He has not accepted any amount.
He is a Government servant and all the witnesses are Government servants and as such no question of tampering would arise. The major part of the investigation is already over and his further detention is not required. Lastly, he prayed for bail to the applicant/accused.
4.The ld. APP Smt. Reshma Jadhav has strongly opposed the application stating that the offence is serious in nature. If applicant is released on bail, there is every possibility that he may tamper the witnesses and would not obey the terms and conditions. Hence, prayed for rejection of the bail. The Investigating Officer has filed his say vide Exh.5 and submitted about the apprehension of tampering of the witnesses. Hence, prayed for rejection of the application.
5.After hearing both the sides and perusal of the case, it appears that substantial part of the investigation is already over.
His further detention as an under trial prisoner is not warranted as the trial of the case may take long time to conclude. The investigating officer has taken all formal objections. Further, the maximum punishment prescribed for the offence is 5 years.
Hence, considering the nature of offence and the prescribed punishment, I am inclined to grant bail to the applicant on following conditions.
O r d e r
1.Application is hereby allowed.
2.Applicant/ accused – Maniklal Rohidas Patil shall be released on regular bail on furnishing his P.R.bond of Rs.20,000/ with one or more sureties in the like amount, on the following conditions.:
He shall
(a) not act in manner injurious to the interest of the prosecution.
(b) maintain law and order.
(c) furnish the address of his residence, copy of Pan and Adhar card at the time of execution of bond and shall not change the residence without prior permission of this Court.
3.If the applicant/accused commit breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.
Digitally signed by NAIR NAIR SANDHYA SANDHYA SUNIL SUNIL Date: 2022.03.19 16:51:04 – 0600 ( Smt. S.S. Nair ) Date : 19.03.2022. Addl. Sessions Judge 4, Nashik.