(Order below Exh.1) B.A.No.1076/2022 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT
NASHIK BAIL APPLICATION NO.1076 OF 2022

Pratap Nagnathrao Wadje ] .. Applicant/accused

V/s.

The State of Maharashtra ]
Through– Dy.S.P. A.C.B. (Kalwan ]
Police Station) ] ..Respondent/prosecution

Advocate Shri.M.D.Bhanose for the applicant/accused.

APP Smt.Aparna Patil 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.175/2022 registered with Kalwan Police Station, Nashik.

2. Facts of the prosecution is summarized as follows –
Mr.Narayan Pandit Bhoye staying at Tatani Ashramshala, Tal.Satana, Dist.Nashik. His wife Manisha Narayan Bhoye was working at Tatani Asharamshala, Tal.Satana, Dist.Nashik as a cook.

But the project officer has issued order as Safaigar. Mr.Wadje i.e. applicant made demand of Rs.10,000/- for issuance of new oarder in the name of informant’s wife as cook instead of Safaigar and thereby
he accepted Rs.10,000/- bribe amount in presence of two panchas.

He was caught hold raid-hand and accordingly offence was registered under Sections 7 of the Prevention of Corruption Act, 1988.

3.Facts of the applicant case is that, he is innocent person and has not committed any offence. He is falsely implicated in the presence offence. He is having 23 years unblemished service record.

He has neither demanded nor accepted any amount of gratification as alleged by the complainant. Nothing material seized from the house of applicant. He is only earning member of his family. He has
cooperated and further ready to co-operate to the investigating machinery if he released on bail. He has also ready to abide any condition shall be imposed by the Hon’ble Court. Hence, prayed for
released on bail.

4.I have heard Ld. Adv. Shri.Bhanose for the applicant/accused, who pithily submitted that pre-trap panchnama and post-trap panchnama is already done by the investigating officer.

Alleged amount is recovered by the I.O. Nothing to be carried out at the instance of the applicant/accused. Custodial interrogation is not required.

5.Ld.APP Smt.Aparna Patil vehemently submitted that applicant was caught hold raid-hand while accepting bribe amount. I.O. is present and she submitted that Project Officer is IAS officer
and she is going to record his statement.

6.Heard both side. Perused application and say. The case diary reveals that the pre-trap and post trap panchnama is already prepared, as well as the amount of Rs.10,000/- has been recovered at the instance of applicant/accused. It reveals that the accused was remanded to the police custody for two days and subsequently he was admitted on 30.08.2022 at Civil Hospital Nashik for chest pain.

The objection by the prosecution is only reason that investigation is in progress. Considering the above discussion as the bribe amount is already recovered. Therefore, no purpose will suffice by keeping the
applicant/accused behind bar. Hence, there is no need of custodial interrogation. Under such circumstances, as far as regarding apprehension of the prosecution stringent condition can be very well settled. Hence, order –

ORDER
1.Bail Application below Exh.1 is allowed.

2.Applicant/accused Pratap Nagnathrao Wadje be released on bail in C.R. No.175/2022 registered with
Kalwan 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: 2022.09.03 17:38:02 +0530 (Dr. U.J. More) Nashik. Additional Sessions Judge Date : 03.09.2022
Nashik.