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Cri. B A. No. 478/2021
IN THE COURT OF SPECIAL JUDGE
(PREVENTION OF CORRUPTION ACT)
FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO. 478 OF 2021
(CNR No.MHCC02н006947н2021)
Nathu Vitthal Rathod
Goregaon East, Mumbai 400 065
….Applicant
V/s.
The State of Maharashtra
AntiнCorruption Bureau,
C.R.No.24 of 2021)
….Respondent/State
CORAM : JUDGE SHRI R. D. PATIL
(IN CHARGE OF C.R.No.45)
DATE
: 15th June, 2021
Mr. Bhanushali , advocate for the applicant/accused no.1
APP Siroya for respondent/complainant (ACB).

ORDER
1)
This is an application filed by the applicant No1 Nathu Vithal
Rathod for grant of regular bail in connection no.24/21 for the offence
punishable U/s 7 of the prevention of corruption Act, 1988 registered
with ACB, Mumbai.
2)
Perused the application and the documentary material produced
on record.
The prosecution has filed say dated 31.05.2021 and opposed the bail
application by for various reason and lastly prayed to reject the
application.

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3)
Cri. B A. No. 478/2021
The Ld. advocate for the applicant accused submit that there is
no demand from the accused No.1, the panchnamas have been prepared
on the same date, investigation almost completed, recovery is made out,
this is simple case of trap and separate proceeding required to be
initiated about the seized amount, he is Government servant and thus,
there is no possibility of absconding,
ready to abide the condition,
further detention not required, and thus he has lastly prayed for that
application be allowed.
4)
On the other hand, the learned special PP submit that the
investigation is in progress, there is possibility of tampering of
persecution witnesses. Hence, it is lastly submitted that the application
deserves to be rejected.
5)
Considering the rival submission and entire facts it appears that
in the alleged offence the applicant/accused no.1 is arrested on.
24/05/2021 and at present he in being judicial custody. The recovery is
made out. The learned advocate for the accused No.1 submit that the
applicant is Government servant, the panchnamas have made out on the
same day,
almost investigation is completed, ready to abide the
conditions, there is separate proceeding required to be filed about any
alleged disproportionate assets, if found. After Considering it, the entire
facts and submissions, it appears that further detention of accused No.1
is not required and there are reasonable ground to allow the
application. The grounds for opposing the bail application in the say
and in the submissions of learned PP are not sufficient, as such
applicant/accused No.1 is entitled to be released on bail. At the same
time interest of prosecution can safeguarded by imposing certain
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Cri. B A. No. 478/2021
conditions while releasing Accused no.1 on bail.
In the result I proceed to pass the following order:н
:ORDER:
1) Bail Application No.478 of 2021 is allowed.
2) The applicant/accused No.1 Nathu Vitthal Rathod shall be released
on bail in C.R.No.24/21 for the offence punishable under section 7 of
the Prevention of Corruption Act 1988 registered with ACB, Mumbai on
executing P.R.Bond of 25,000/н (Rupees Twenty Five Thousand only)
with one or two sureties in the like amount on following conditions
that;
a) He shall not tamper with the prosecution evidence and witnesses in
any manners.
b) He shall attend to the ACB Office, Worli, Mumbai on every Monday
between 10.00 to 12.00 noon.
c)
The applicant shall furnish address proof and his mobile phone
details and mobile phone numbers of his two close relatives to the
police.
3 The violation of any of the conditions shall amount to cancellation of
bail forthwith.
4 Bail Application No. 478 of 2021 stands disposed of accordingly.

Date :15.06.2021
( R. D. Patil )
Addl. Sessions Judge
& Special Judge, Mumbai.
(I/c.C.R.45)
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Cri. B A. No. 478/2021
УCERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDERФ
UPLOAD DATE AND TIME
16/06/2021.

NAME OF Typist
Ms.N.T.Kokare
Name of the Judge (with Court Room no.)

HHJ Shri R. D. Patil
(Court Room No.45).

Date of Pronouncement of Judgment/Order 15/06/2021
Judgment/Order signed by P.O. on
16/06/2021
Judgment/Order uploaded on
16/06/2021