MAHESH BHAGWATI, J. - (1.) THIS order governs the disposal of bail application filed under Section 438 of Cr.P.C. by Mr. Neeraj K. Tiwari Advocate on behalf of the applicant Giriraj Saxena in FIR No. 296/99 of police station A.C.B. Jaipur in the offence under Section 13(1)(D)(2) of Prevention of Corruption Act, 1988 read with Section 467, 468, 471, 477-A and 120-B of IPC.
(2.) HEARD the learned counsel for the petitioner as also the learned Public Prosecutor for the State and perused the material on record. Learned counsel for the petitioner has contended that there is not an iota of evidence collected by the Investigating Officer of this case against the petitioner. Petitioner is heart patient and retired long way back in the year 1999. He is not in a position that at this stage he may be arrested by the police and kept in custody. Hence, keeping in view the role played by the petitioner in this case, he may be granted indulgence of anticipatory bail. Learned Public Prosecutor has opposed the bail petition. The Investigating Officer Mr. P.K. Sharma, Dy.S.P. of Anti Corruption Bureau, Jaipur has submitted that police report under Section 173(2) of Cr.P.C. has been filed against all the accused persons. Only one petitioner Giriraj Saxena is left against whom the charge-sheet is to be filed. So far as the investigation is concerned, it has been completed in all respects. Having reflected over the submissions made at the bar and scanned the relevant material available on record, I, without expressing any opinion on the merits of the case but keeping in view the severity and the nature of the offence, I do not feel inclined to grant anticipatory bail to the petitioner and his petition deserves to be dismissed.
(3.) IN the result, the bail petition filed under Section 438 of Cr.P.C. on behalf of the accused-petitioner Giriraj Saxena stands dismissed.;