Court Notes Over 5.5 Months’ Delay in Sanction After ACB Action; Says Proceedings Cannot Move Forward Without Approval Under Section 19 PC Act
Jaipur: The Rajasthan High Court has granted bail to Uttam Pandey, a CRPF Head Constable posted with the Enforcement Directorate (ED) office in Chandigarh, in a bribery case involving an alleged demand of ₹20 lakh, later reduced to ₹18 lakh, and recovery of ₹13 lakh during an ACB trap.
Justice Ashok Kumar Jain allowed Pandey’s second bail application, observing that despite the charge-sheet having been filed, prosecution sanction had not been granted for more than five and a half months, making further proceedings impossible in view of Section 19 of the Prevention of Corruption Act.
According to the Court’s earlier order, the ACB case arose from a complaint alleging that money was demanded in connection with settling a case pending before the ED, Chandigarh.
The ACB had alleged that ₹20 lakh was initially demanded, later reduced to ₹18 lakh, and that Pandey was caught accepting ₹13 lakh during a trap.
The Court held that, in view of the prolonged delay in obtaining sanction, Pandey was entitled to bail. He was ordered to furnish a ₹50,000 personal bond with two sureties of the same amount, subject to conditions including non-interference with witnesses and regular appearance before the trial court.