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Bail granted to Cmdr & 2IC who were caught red-handed in bribe case | | | EARLY TIMES REPORT Jammu, Dec 7: Special Judge Anticorruption CBI Cases J&K Jammu today granted bail to two petitioners Commander and Second in Command (2IC) of 35 BRTF who were caught red-handed by the CBI/ACB on November 29, 2011 while accepting Rs 23000/- from a contractor for clearance of his pending dues. Court granted bail toPetitioners Colonel Kunwar Vijay Partap, Commander and Jatinder Kumar Singh, EE (Civil 2IC) of 35 BRTF who were caught red-handed by the CBI/ACB on November 29, 2011 while accepting Rs 23000/- from a contractor for clearance of pending amount Rs 15, 35, 490/-. While granting bail Special Judge Anticorruption CBI Cases J&K Jammu B L Bhat after hearing both the sides observed, petitioners were remanded to judicial custody till today and it further said offences alleged against the accused are non bail-able and not punishable with more than 7 years of imprisonment. Bar imposed under section 497 Cr.PC is not attracted to offences alleged against the petitioners. Investigation in regard to the instant case cannot be said to be a nascent stage as only opinion from expert in regard to hand wash is awaited. Court further finds that in the instant case petitioners can be admitted on bail subject to imposition of reasonable conditions to ensure conduct of a fair trial. As the petitioners belong to Defence Forces and the apprehension of their absconding does not appear to be well founded, court added and it does not appear to be wedded to realism that they will even think of giving slip to law. “TLO and members of the trap team are either CBI officials or independent witnesses associated with the trap proceedings. It is not shown that the petitioners do enjoy a status or clout where they can influence the testimony of the members of the trap laying team. Objections on this score are, therefore, over ruled. With these observations Court granted bail to the petitioners that they shall be released from Judicial Custody on furnishing surety and personal bonds to the tune of Rs 50,000 each with the certain conditions.
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