Rajasthan High Court – Jaipur
Vijay Kumar Patel @ Vicky S/O Shri … vs State Of Rajasthan (2025:Rj-Jp:32507) on 14 August, 2025
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2025:RJ-JP:32507]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 6828/2025
Jagram Meena S/o Shri Gheesaram Meena, Aged About 31
Years, R/o Village And Post Sainthli, Police Station And Tehsil
Ramgarh, District Alwar Presently Resident Of House No. 14 M.a.
46 Indira Gandhi Nagar, Jagatpura Jaipur. (Presently Accused
Confined In Central Jail Jaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 6829/2025
Laxman Singh Meena @ Jaswant S/o Shri Kalyan Prasad Meena,
Aged About 30 Years, R/o Meena Mohalla, Barganwa, Tehsil Hin-
doncity, Police Station Hindoncity, District Karauli, Presently Resi-
dent Of F.h. 477, Indira Gandhi Nagar, Jagatpura, Jaipur.
(Presently Accused Confined In Central Jail Jaipur).
—-Petitioner
Versus
State of Rajasthan, through PP
—-Respondent
S.B. Criminal Miscellaneous Bail Application No. 7557/2025
Jaikrishna Patel S/o Jawahar Lal Patel, Aged About 33 Years, R/o
Village Kanela, Post Chandanwada, Police Station And Tehsil
Anandpuri, District Banswara. Presently Member Of Legislative
Assembly From Constituency Bagidora, District Banswara (Ra-
jasthan) (Presently Confined In Central Jail, Jaipur).
—-Petitioner
Versus
State Of Rajasthan, Through Pp
—-Respondent
S.B. Criminal Miscellaneous Bail Application No. 7558/2025
Vijay Kumar Patel @ Vicky S/o Shri Banshilal Patel, Aged About
24 Years, R/o Village Kanela, Post Chandanwada, Police Station
And Tehsil Anandpuri, District Banswara. (Presently Confined In
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Central Jail, Jaipur).
—-Petitioner
Versus
State Of Rajasthan, Through Pp
—-Respondent
For Petitioner(s) : Mr. V.R. Bajwa, Sr. Advocate
Mr. Kapil Gupta
Ms. Sarita Nathawat
Mr. Amar Kumar
Mr. Ajeet Singh Shekhawat
For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG
Mr. N.S. Dhakar, PP
Mr. Tapesh Agarwal, PP
Mr. Sandeep Saraswat, Add. SP.
ACB District
HON’BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
14/08/2025
1. These instant bail applications under Section 483 of BNSS
have been filed, on behalf of the petitioners, who have been
arrested in connection with FIR No.110/2025 registered at Police
Station C.P.S. Jaipur, ACB District (Raj.) for the offences
punishable under Sections 7 & 12 of The Prevention of Corruption
Act, 1988 & Sections 61(2) & 238 of BNS. After completion of
investigation, police filed charge-sheet in this matter.
2. According to the prosecution story, Anti-Corruption Bureau
received a complaint to the effect that accused petitioner
Jaikrishna Patel, being a member of the Legislative Assembly,
demanded bribe money for asking a question in the Legislative
Assembly and for withdrawing the question already asked in
Assembly. After verifying the said complaint, a trap was laid to
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catch accused petitioner jaikrishna Patel red-handed and the
complainant was sent to accused petitioner with bribe amount. A
tracker was also attached/installed to the suitcase in which the
bribe amount was kept but the accused got wind of the trap and
one of the accused Rohit Meena fled away with the bribe money.
He was chased but could not be apprehended. On the next day,
bribe amount was recovered in pursuance of the information
furnished by accused petitioner Laxman Singh @ Jaswant from a
pit in the residential house of Jagram Meena
3. It is contended by learned counsel for the petitioners that
petitioners are innocent and due to political rivalry they have been
falsely implicated in this case. It is argued that admittedly, bribe
amount was recovered on the next day from a pit in the
residential house of accused petitioner Jagram Meena but no
proximity was found between the petitioners as investigating
agency failed to produce any link between the petitioners. The
petitioner Jagram Meena and Laxman Singh @ Jaswant are
unknown for the accused petitioner Jaikrishan Patel and Vijay
Kumar Patel @ Vicky. There is no allegation of flight risk of the
petitioners and they are ready to cooperate with the investigation
agency in further investigation. Another legal submission
advanced by learned senior counsel Mr. Bajwa is that till date, the
investigating agency has not obtained prosecution sanction from
the competent authority and has not presented it before the trial
court, in absence of which the trial court has not taken cognizance
in the matter and in absence of cognizance, further judicial
custody of the applicants is illegal in view of provisions of section
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309 Cr.P.C. Charge sheet has already been filed and trial of the
case will take considerable time in its conclusion. Further custody
of the petitioners would not serve any fruitful purpose.
4. Learned Public Prosecutor vehemently opposes the
submissions made by learned counsel for the petitioners. He urged
that there are serious charges against the petitioners. It is
submitted that one of the petitioners is public representative and
he demanded bribe to ask question in Assembly. He submits that
accused who fled from spot with bribe amount is still absconding,
therefore, in such circumstances bail should not be granted to the
petitioners.
5. At this stage, learned counsel for the petitioners submit that
abscondance of co-accused cannot/should not be ground to refuse
bail to the petitioners as no further interrogation or recovery is
required from the petitioners.
6. I have considered the contentions.
7. In my considered opinion, abscondance of co-accused cannot
be a sole ground to refuse bail to another co-accused. Having
regard to the totality of the facts and circumstances of the case;
considering the arguments advanced by learned counsel for the
petitioners as also the fact that bribe money was not recovered
from the conscious possession of the petitioners; same has been
recovered from an open place that is to say from a pit situated in
the residential house of the accused petitioner Jagram Meena; till
date, prosecution sanction has not been accorded so as to
prosecute accused petitioner Jaikrishna Patel for the aforesaid
offences and therefore, trial could not be commenced till date;
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charge sheet has been filed; trial will take time in its conclusion as
well as looking to the custody period, but without commenting
anything on the merits/demerits of the case, I deem it proper to
allow the bail applications.
8. These bail applications are accordingly allowed and it is
directed that accused-petitioners – 1) Jagram Meena S/o Shri
Gheesaram Meena, 2) Laxman Singh Meena @ Jaswant S/o
Shri Kalyan Prasad Meena, 3) Jaikrishna Patel S/o Jawahar
Lal Patel & 4) Vijay Kumar Patel @ Vicky S/o Shri Banshilal
Patel shall be released on bail provided each of them furnishes a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
Only) together with two sureties in the sum of Rs.25,000/-
(Rupees Twenty Five Thousand Only) each to the satisfaction of
the learned Trial Court with the stipulation that they shall appear
before that Court and any court to which the matter is transferred,
on all subsequent dates of hearing and as and when called upon to
do so.
9. It is further directed that all the petitioners shall surrender
their passports and will not leave the country without previous
sanction of the Court and they will not try to contact, temper with
the evidence or win over any witnesses in any manner. The
petitioners shall not involve in similar offence and shall mark their
presence in the concerned ACB police station in first week of every
month till conclusion of trial. They shall also share their mobile
numbers (in use) to the trial court and investigating agency. They
shall keep their mobile phones in active mode and may not switch
off them for a longer period intentionally.
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10. The observation made hereinabove is only for decision of
these bail applications and would not have any impact on the trial
of the case in any manner.
(ANIL KUMAR UPMAN ), J
GAUTAM JAIN /90-93
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