Final Order 2

Order Details: COPY OF ORDER
Pdf Text: Bail App. No. 79/2022
FIR No. 01/2022
PS : ACB
Vijay Kant Upadhyay Vs State
U/s 7 PC Act
13.04.2022 (Hybrid Hearing)
Present : Sh. Vikash Kumar, Ld. Addl. PP for the State.
Sh. Tanvir Ahmad Mir and Sh. Gautam Kumar, Ld. Counsels
for the accused/applicant through VC.
IO Insp. Braj Mohan in person.
1) This order shall dispose off the application filed U/s 439 Cr.P.C. on behalf
of accused/applicant Vijay Kant Upadhyay for grant of regular bail.
2) It is stated in the application that the accused/applicant is innocent and he
has been falsely implicated in the present case. It is further submitted that
the accused/applicant was arrested in the present case FIR on 25.03.2022.
It is further submitted that the accused/applicant has his wife and two
children to look after. It is further submitted that the accused/applicant has
clean antecedents and no prior criminal history. It is further submitted that
the pivotal ingredient of section 7 of PC Act i.e. demand of bribe is missing
in the FIR and the prosecution has blatantly failed to show that there was
any demand of bribe made by the accused/applicant from the complainant
or from anyone else. It is further submitted that the investigating agency
has failed to produce any electronic document etc. to show any
conversation between the accused/applicant and the complainant. It is
further submitted that the custodial interrogation is no more needed for
investigation. In support of his submissions, Ld. Counsel for the
accused/applicant has relied upon following citations :
(i) Sanjay Vs CBI, 2012(1) SCC 14.
(ii) S.K. Shivkumar Vs Enforcement Directorate, 2019 (264) DLT 586.
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(iii) P. Chidambaram Vs Enforcement Directorate, 2020 (13) SCC 337.
(iv) Gurcharan Singh Sibbia Vs State of Punjab, 1980 (2) SCC 565.
(v) Ashok Sagar Vs State (NCT of Delhi) 2018 VI AD (Delhi) 21.
(vi) Arnesh Kumar Vs State of Bihar, 2014 (8) SCC 469.
3) Reply to the bail application filed by the IO wherein it has been stated that
the accused/applicant has been caught redhanded from his office while he
was demanding and accepting bribe of Rs.50,000/ from the complainant
which was recovered from his possession. It is further stated that the FSL
result is still awaited and the statement of the complainant has been
recorded U/s 164 Cr.P.C. It is further stated that the release of the
accused/applicant will effect the investigation of the present case and
therefore, strongly opposed the bail application.
4) Arguments on the application heard on behalf of accused/applicant and ld.
Addl. PP for the State.
5) Ld. Addl. PP for the State strongly opposed the bail of the
accused/applicant.
6) I have given careful consideration to the submissions of Ld. Counsel for
the accused/applicant and Ld. Addl. PP for the State as well and have also
gone through the material placed on record.
7) Keeping in view the fact that the present accused/applicant has been caught
redhanded in a trap and bribe amount has been recovered at the spot from
his possession, his custodial interrogation is no more required and the
accused/applicant has no previous involvement, therefore, the
accused/applicant Vijay Kant Upadhyay is admitted to bail on furnishing
bail bonds and surety bonds for a sum of Rs.100,000/ with two sureties of
the like amount subject to the following conditions:
(i) during the period of bail, the accused/applicant shall not try to
contact or influence, directly or indirectly, any of the witnesses of
the present case;
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(ii) the accused/applicant shall join investigation as and when
directed and shall cooperate with the investigating officer;
(iii) the accused/applicant shall not misuse the benefit of bail by
indulging in commission of similar offences in future;
(iv) the accused/applicant shall not leave the country without prior
permission of the court;
(v) the accused/applicant shall appear before Ld. Trial Court on each
and every date of hearing after filing of chargesheet;
(vi) the accused/applicant shall intimate the court in case of change
of his address.
8) If the accused/applicant is found to be violating any of the above
conditions, the State shall be at liberty to move an application for
cancellation of bail. The bail application accordingly stands disposed off.
9) Copy of order be given dasti.
(Kiran Bansal)
Special Judge, PC Act (ACB01)
RADC, New Delhi.
13.04.2022
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