HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR 1. S.B. Criminal Miscellaneous Bail v. Central Bureau Of Investigation, Through Special PP

Kanhaiya Lal Gupta S/o Shri Mathura Lal Gupta, Aged About 61 Years, R/o 367, Dalmeel Colony, Shamgarh, Madhya Pradesh. (Presently Confined At Central Jail, Jaipur) ----Accused-Applicant Union Of India, Through PP (C.B.I.) Versus ----Respondent

3. S.B. Criminal Miscellaneous Bail Application No. 4340/2025 Vinay Chamaria Director M/s. Dony Polo Udyog Ltd., Shyamgarh, M.P. And Dony Polo Udyog Ltd., Shyamgarh, Garoth, Mandsaur, M.P. Third Address- S-18/5, Nathupur, 67, DLF Phase-3, Gurgaon, Fouth Address- House No. 356, Sector-45, Gurugram, Gokuldham Colony, Kana Vihar Colony, Shyamgarh, M.P. (Presently The Accused Petitioner Is Lodged In Central Jail, Jaipur.) ----Accused-Applicant Union Of India, Through Special PP Versus ----Respondent [2025:RJ-JP:17486] (2 of 5) [CRLMB-4338/2025]

4. S.B. Criminal Miscellaneous Bail Application No. 5020/2025 Ashish Meena S/o Late Sh. Kailash Chand Meena, Aged About 34 Years, R/o 107, Vivek Vihar, Jagatpura, Jaipur. (At Present Lodged In Central Jail, Jaipur). ----Accused-Applicant Versus C.B.I., Through PP ----Respondent

5. S.B. Criminal Miscellaneous Bail Application No. 5123/2025 Gaurav Kalra S/o Late Shri Omprakash Kalra, Aged About 32 Years, R/o Chamunda Colony, Near Chamunda Mandir, Shyamgarh, Madhya Pradesh. (At Present Lodge At Central Jail, Jaipur). ----Accused-Applicant C.B.I., Through Special PP Versus ----Respondent For Applicants(s) : Mr. Ashvin Garg, Adv. with Mr. Nonit Hatila, Adv. Mr. Deepesh Kumar Sharma, Adv. Mr. Deepak Chauhan, Adv. with Mr. Sahil Rajpurohit, Adv. Mr. Vivek Goyal, Adv. Mr. Ashindra Gautam, Adv. Mr. Shailendra Kumar Agrawal, Adv. with Ms. Neetu Bhansal, Adv. Mr. Vaibhav Kumar, Adv. through VC For Respondent(s) : Mr. Shyam Singh Yadav, SPP HON'BLE MR. JUSTICE ASHUTOSH KUMAR 24/04/2025 Order

1. As these bail applications have been filed against the order of dismissal of bail applications of the present accused-applicants [2025:RJ-JP:17486] (3 of 5) [CRLMB-4338/2025] pertaining to the same FIR, they are being heard and decided by the instant common order.

2. The present bail applications have been filed by the accused- applicants under Section 483 of the B.N.S.S, 2023 against the orders dated 18.03.2025 & 02.04.2025 passed by learned Special Judge (CBI) No.1, Jaipur Metropolitan First in connection with FIR No. RC 216 2025 A 0003, registered at Police Station CBI/AC-1, New Delhi for the offences punishable under Section 61(2) of BNS, 2023 and Sections 7, 7A, 8, 9, 10 & 12 of the Prevention of Corruption Act, 1988 (Amended 2018) (for short 'the Act of 1988'), by which the bail applications of the accused-applicants under Section 483 of the B.N.S.S, 2023 have been dismissed.

3. Learned counsel for the accused-applicants submitted that the accused-applicants have falsely been implicated in this matter. Learned counsel for the accused-applicants argued that after investigation of the case, charge-sheet against the accused- applicants has been filed, but investigation against some of the other accused persons is still pending, which will take time to complete. So far as the present accused-applicants are concerned, they have been sent to judicial custody, therefore, there is no requirement of any custodial investigation. Learned counsel for the accused-applicants prays that the accused-applicants are behind the bars since long, therefore, the accused-applicants be granted benefit of bail.

4. Learned counsel for the accused-applicants has drawn the attention of this Court towards the judgment passed by Hon'ble Supreme Court in case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in 2012(1) SCC 40. [2025:RJ-JP:17486] (4 of 5) [CRLMB-4338/2025]

5. Per contra, learned Special Public Prosecutor appearing on behalf of the Central Bureau of Investigation vehemently opposes the bail applications and while drawing the attention of this Court towards the reply filed to the bail applications, submitted that the accused-applicants have no right to be released on bail in the light of the judgment of the Hon'ble Supreme Court in case of R.M. Malkani Vs. State of Maharashtra, reported in AIR 1973 SC

157. Learned Special Public Prosecutor also submitted that the Hon'ble Supreme Court in the case of Anil Kumar Yadav Vs. State (NCT of Delhi), reported in (2018) 3 SCC (Cri) 425, has elaborately given the grounds on which the bail to the accused- applicants, charged with the offences punishable under the Act of 1988, can be granted. Learned Special Public Prosecutor further submitted that there is no ground available to the accused- applicants to be enlarged on bail. Learned Special Public Prosecutor contends that the corruption is not only a punishable offence, but is also affects the economic condition of the country, therefore, the accused-applicants should not be granted benefit of bail.

6. Heard learned counsel for the parties and also perused the material available on record.

7. Having regard to the facts and circumstances of the case, and considering the arguments put forward by learned counsel for both the parties and also considering the fact that the charge- sheet has been filed and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail applications filed by the accused-applicants. [2025:RJ-JP:17486] (5 of 5) [CRLMB-4338/2025]

8. Consequently, these bail applications filed under Section 483 of the B.N.S.S, 2023 are allowed. It is ordered that accused- applicants namely: 1. Krishna Gopal Agrawal S/o Shri Laxman Prasad Agrawal, 2. Kanhaiya Lal Gupta S/o Shri Mathura Lal Gupta, 3. Vinay Chamaria Director M/s. Dony Polo Udyog Ltd., 4. Ashish Meena S/o Late Sh. Kailash Chand Meena & 5. Gaurav Kalra S/o Late Shri Omprakash Kalra, arrested in FIR No. RC 216 2025 A 0003, registered at Police Station CBI/AC-1, New Delhi shall be released on bail; provided each of them furnishes personal bond in the sum of Rs.1,00,000/- and two solvent sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. Accused-applicants shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. Mohita /205-209 (ASHUTOSH KUMAR),J