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AVNEESH JHINGAN , J. (ORAL) –

1. This petition is filed under Section 439 Cr.P.C. for grant of regular bail in case of FIR No. 19, dated 29th August, 2022, under Sections 7 and 13(1) (b) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act'), registered at Police Station State Vigilance Bureau, Ambala, District Ambala.

2. Brief facts of the case are that a complaint was made by Balkar Singh-complainant alleging that Vikas Walia(petitioner) posted as Halqa Patwari of Village Balbehra, District Kaithal had demanded illegal gratification of Rs. 7,000/- for entering inheritance mutation. The complainant had recorded the conversation between him and the petitioner. A trap was laid, petitioner was apprehended red handed.

3. Learned counsel for the petitioner submits that petitioner is in custody since 29th August, 2022, investigation is complete and petitioner is not involved in any other case. He further on instructions submits that petitioner volunteers to give his voice sample as and when called for.

4. Learned State counsel opposes the prayer for grant of regular bail and submits that voice sample is yet to be taken. However, she fairly submits that though challan has been presented, sanction to prosecute is awaited.

5. Without commenting upon the merits of the case, considering that though investigation is complete conclusion of the trial is likely to take time; moreso, sanction to prosecute under Section 19 of the Act is still awaited; no recovery is to be made from the petitioner and he volunteers to give his voice sample, the petitioner is granted bail subject to his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.

6. The petition is allowed.

7. It is clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.

8. Since the main petition is allowed, pending applications, if any, rendered infructuous.

Petition allowed.

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