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Delhi High Court · 01 Nov 2010 · 2010:DHC:7356
Ajit Bharihoke
Bail Application No.1680/2010
2010:DHC:7356
criminal appeal_allowed

AI Summary

The court granted bail to a petitioner accused of delivering a bribe as a carrier, holding that lack of knowledge of the illicit purpose justified bail under the Prevention of Corruption Act.

Full Text
Translation output
#9
01.11.2010
Present: Mr.D.P.Singh , Advocate for the petitioner.
Ms.Sonia Mathur, Advocate for the respohdent/CBI with
I.O. Kailash Sahu.
+Crl.M.A.16348/2010 in Bail Application No.1680/2010
Exennption is allowed, subject to all just exceptions.
The application is disposed of.
Bail Application No.1680/2010
This is an application seeking bail in case No.DAl/2010/A/0040 registered with Anti Corruption Branch of CBI under Section 120B read with
Sections 7 & 12 of the P.C. Act.
Learned counsel for the petitioner submits that petitioner is innocent.
Even as per the case of prosecution, he was a carrier and he was not even aware for what purpose the money was being delivered to the public servant. Learned counsel, in support of this contention has submitted that the prosecution recorded the conversation between the main accused Sudhir
Goel and Rajesh Kujur wherein Sudhir Goel mentioned about the carrier and said "I will not tell him about your occupation and I tell him only that there is one Rajesh Ji to whom the packet is to be delivered." Learned counsel submits that from this, one can safely infer that the petitioner was to deliver the packet on instructions of his boss to the public servant Rajesh Kujur
2010:DHC:7356 without knowing about the contents of the pacl<et and the purpose for which it was to be delivered. He also submits that petition is in judicial custody since 21.09.2010.
Application is opposed by learned Ms.Sonia Mathur, Advocate for the respondent/CBI. She submits that the petitioner was caught red handed giving bribe to the public servant.
I have considered the rival contentions. Keeping in mind the facts and circumstances of the case, petitioner is directed to be released on bail on his furnishing a personal bond in the sum of ?25,000/- with one surety in the like amount to the satisfaction of the trial court concerned.
It is, however, made clear that observations made in this order may not be treated as observations on merits of the case.
The bail application is disposed of.
Copy of this order be given dasti under the signature of the Court
^ Master.
\
(AJIT BHARIHOKE)
JUDGE
NOVEMBER 01, 2010 ks
2010:DHC:7356
JUDGMENT