Rajasthan High Court – Jodhpur
Sanjay Kumar Baya vs State Of Rajasthan (2025:Rj-Jd:27347) on 17 June, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:27347] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 7166/2025 Sanjay Kumar Baya S/o Roshanlal Baya, Aged About 53 Years, R/o 61, Samta Nagar, Sector-3, Hiranmagri, Udaipur. ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sangram Singh For Respondent(s) : Mr. R.S. Bhati, P.P. HON'BLE MR. JUSTICE FARJAND ALI
Order
17/06/2025
1. Apprehending the arrest, the present bail application has
been filed by the petitioner under Section 482 BNSS (Section 438
Cr.P.C.) in connection with FIR No.110/2017 registered at Police
Station CPS ACB Jaipur, District ACB Udaipur for the offence(s)
under Sections 13(1)(C)(D), 13(2) of Prevention of Corruption Act,
1988 read with Sections 409, 120-B, 420, 467, 468, 471 of IPC.
2. Learned counsel for the petitioner submits that the petitioner
happens to be Patwari of the village panchayat. The allegations
are that the sarpanch and gram sewak have issued pattas in
favour of certain people in the year 2009, in which, applying a
wrong rule, the allotments were made.
2.1 Learned counsel submits that the petitioner had to play no
role in the process of issuance of patta and receiving the amount
by the panchayat. The department of Panchayat Raj and the
department of the Revenue are two distinct departments and the
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Patwari has to do nothing when it comes to issuance of patta. The
incident is of the year 2009. Sixteen years have elapsed but no
endeavour were made to interact him and now, attempts are
being made to apprehend him, when he is ready to co-operate
with the investigation, then why after 16 years of the incident, in
which he had to play no role. Thus, the petitioner has a good case
for anticipatory bail.
3. Per contra, learned Public Prosecutor has vehemently
opposed the bail application.
4. Heard. Considering the contentions put-forth by the counsel
for the petitioner and taking into account the totality of facts and
circumstances of the case, prima facie, there seems force that
being the Patwari, the petitioner had to play no role in the process
of issuance of patta and receiving the amount by the panchayat.
The department of Panchayat Raj and the department of the
Revenue are two distinct departments and the Patwari has to do
nothing when it comes to issuance of patta. The incident is of the
year 2009. Sixteen years have elapsed but no endeavour were
made to interact him and now, attempts are being made to
apprehend him. He is ready to co-operate with the investigation,
then why after 16 years of the incident, in which he had to play no
role. The petitioner shall be compelled to admit to Jail and then to
get bail. A good case for pre-arrest bail is made out, thus, without
expressing any opinion on the merits of the case, this court deems
it just and proper to allow the anticipatory bail application.
5. Accordingly, the anticipatory bail application is allowed. The
S.H.O/I.O/Arresting Officer, Police Station CPS ACB Jaipur, District
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ACB Udaipur in FIR No. 110/2017 is directed that in the event of
arrest of the petitioner – Sanjay Kumar Baya S/o Roshanlal
Baya, he shall be released on bail, provided he furnishes a
personal bond in the sum of Rs.50,000/- with two sureties in the
sum of Rs.25,000/- each to the satisfaction of the
S.H.O/I.O/Arresting Officer of the concerned Police Station on the
following conditions:-
(i) that the petitioner shall make himself
available for interrogation by a police officer as and
when required;
(ii) that the petitioner shall not directly or
indirectly make any inducement, threat or promise
to any person acquainted with the facts of the case
so as to dissuade him from disclosing such facts to
the court or any police officer, and
(iii) that the petitioner shall not leave India
without previous permission of the court.
(FARJAND ALI),J
187-AnilKC/-
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