MHNS010057382022
Order below Exh.1 in Criminal Bail
Application No. 1367/2022
1.

This is an application preferred by accused Nilesh Baban
Thakur for bail under section 439 of Cr.P.C. in C.R. No. I­333/2022
registered in Nashik­Road Police Station, Nashik for the offence
punishable under section 7 of the Prevention of Corruption Act.
2.

It is submitted by the accused that accused is a Principal
working at Sinnar ITI. He is innocent. He has been unnecessarily
roped in the controversy. The alleged amount of outstanding bills
has been already paid to the complainant by sanctioning authority,
therefore, it is highly improbable that demand could have been made
against sanctioning of the alleged bill. Accused has not floated the
tender, accepted or sanctioned the tender, receive bills, sanctioned or
disbursed the bill. Accused has not received the amount as no traces
of anthrasene powder was found on his hand. Residential premises of
the accused has been searched. Recovery has been made at the spot.
No further reason has been stated to detain him. Voice sample has
been collected. Custodial interrogation or detention of the accused is
not required for collection of documentary evidence. Witnesses are
part of raiding party who are beyond the reach of the accused.
Necessary statements has been recorded hence the question of
tampering does not arise. All the documents are in public office for
which presence of the accused is not required. He is permanent
resident of Nashik. He is ready to abide by the terms and conditions.
Hence, prayed that application be granted.

3.

Say was called of the investigating officer. He has
objected this application on the count that, if accused is released on
bail he will tamper the evidence and threatened the witnesses. They
have to inquire about the involvement of other accused. They have
to collect evidence from the office of the accused. Hence, prayed that
application be rejected.
4.

Heard Ld. APP and Ld. Advocate for accused in detail. It
is submitted by the Advocate for the accused that he is a Principal of
ITI College. No powder was found on his hand. The amount was
already disbursed. The documents are public documents which can
be recovered from the office. Already voice sample has been taken.
He is permanent resident so his presence can be secured. Hence,
prayed that bail be granted. On the other hand Ld. APP has objected
this application on the ground that involvement of any other person
is required to be investigated. If released on bail he will threaten the
witnesses. Hence, prayed that application be rejected.
5.

Accused is charged for the offence punishable under
section 7 of the Prevention of Corruption Act. Already recovery has
been made. Nothing has to be recovered from the accused. The
contention of the prosecution about the collection of documents and
recording statement of witnesses for which presence of the accused is
not essential. Offence is punishable with 7 years. Accused is resident
of Nashik, hence, the question of fleeing away will not arise. Trial will
take time. Apprehension of the I.O. can be taken care by imposing
stringent conditions. Hence, I proceed to pass following order :­
ORDER
1.

The application is allowed.

2.

The accused Nilesh Baban Thakur involved in C.R.No. I­
333/2022 registered in Nalshik Road Police Station, Nashik for the
offence punishable under section 7 of the Prevention of Corruption
Act, be released on bail on her executing P.B. and S.B. of Rs.25,000/­
(Rupees Twenty Five Thousand Only) with one or two sureties of
like amount.
3.

The accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the fact
of the case so as to dissuade him from disclosing such fact to the
Court or Police Officer.
4.

The accused shall mark his presence in the Office of Anti
Corruption Bureau on every Monday and Friday from 11.00 a.m. to
1.00 p.m. till filing of the charge­sheet and to co­operate
investigating Officer.
5.

The accused shall not commit similar type of offence.

6.

The accused shall furnish his address proof, photo identity and
mobile number of self and his two close relatives. In case of change
of address he shall inform the I.O. about the same.
7.

In case of breach of the conditions, the respondent is at liberty
to apply for cancellation of bail.
Sd/­xxx
Nashik.
Date : 08/11/2022.

(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.