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2019 (1) TMI 1499 - HC - Indian LawsSecond Bail application - Hawala transactions - illegal gratifications and the bribe money given to the aforesaid public servants - ground of parity claimed by accused-applicant - Held that:- During recovery accused-applicant was found on his table where open packet containing bribe money was kept and was in open condition. The accused-applicant was fully aware about the bribe money which he was knowingly receiving, as is evident by the intercepted conversation of accused-applicant with co-accused- Aman Shah - The role of accused-applicant is distinguishable and grave, vis-a-vis other co-accused persons who have been granted bail, as the recovery of bribe money is recovered only from the possession of accused-applicant and no explanation of this possession has been given by accused-applicant - The ground of parity is not available to the accused-applicant. Apart from this the argument of the learned counsel for the accused-applicant that charge-sheet has also been filed in the matter, is also of no help to him as when the first application of bail was rejected by this Court as well as by the Hon’ble Supreme Court, at that time also charge-sheet had been submitted. Considering all facts and circumstances of the case and rival contentions of the learned counsels and keeping in view the gravity of offence vis-a-vis material on record, without commenting upon the merits of the case, there are no good ground found to release the accused-applicant, Saurabh Pandey on bail - Bail application of the accused-applicant is accordingly rejected.
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