Final Order 2

Order Details: COPY OF ORDER
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Bail Matter no. 89/2023
State vs. Umesh
FIR No. 04/2023
PS: ACB
U/s 7 of POC Act r/w Section 120-B IPC
18.05.2023
Present : Ms. Purnima Gupta, Ld. Chief PP for State.
Sh. K. C. Kaushik, Ld. Counsel for
applicant/accused.
IO/Insp. Virendra Singh Chaudhary in person.
Reply is filed. Copy supplied.
1. This is an application for grant of bail U/s 439
Cr.P.C., as filed on behalf of abovenamed applicant/accused.
2. Ld. Counsel for applicant/accused argued that
applicant/accused is in JC since 23.03.2023 and has been
falsely implicated in present case. It has been submitted that as
per allegation, applicant was posted at Impounding Pit, Sector-
22, Dwarka and he was caught red handed while accepting
bribe of Rs.1000/- for releasing the vehicle of the complainant.
Ld. Counsel for applicant/accused vehemently contended that
as per prosecution case, co-accused persons who were posted as
Naib Court as Dwarka Courts Complex initially demanded
bribe of Rs.3000/-, but it is unexplained why the alleged bribe
of Rs.1000/- was accepted by the applicant/accused, although
the demand was of Rs.3000/-. It has been submitted that co-
accused Vedpal having similar role has already been granted
bail, therefore applicant/accused is also entitled for bail on the
ground of parity. Ld. Counsel for applicant further argued that
applicant is ready to abide by any condition, imposed by the
Court.
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3. Per contra, bail application is opposed by Ld. Chief
PP for State while arguing that the applicant/accused was
caught red handed while accepting bribe of Rs.1000/- from the
complainant. It has been submitted that applicant alongwith co-
accused persons were running a syndicate to demand bribe for
releasing the vehicles even after deposit of fine imposed by the
Court, from the persons who were challaned by the Transport
Department.
4. In brief, the facts of case are that complainant is a
registered owner of Swift Dzire having registration no. HR
55AF 9062. His driver Kishan Pal was challaned by the staff of
Delhi Transport Enforcement on 20.03.2023 at about 09:40 pm
for not having fitness, permit and driving license and his car was
impounded. On 21.03.2023, his driver Kishan Pal went to the
Ahlmad room of Court no.314, Dwarka Courts for disposal of
his challan, where the officials of Transport Department took the
challan slip from him and told that he has to pay Rs.7000/- in
total. Kishan Pal informed the complainant about this
telephonically. Thereupon, complainant went to the Court,
where his driver Kishan Pal told him that although Court
imposed a fine of Rs.4000/-, but the officials of Transport
Department sitting in Ahlmad room, were demanding Rs.7000/-
and without payment of Rs.7000/-, they are not giving the fine
receipt. He alongwith his driver also tried to take the fine
receipt, but the officials of Transport Department demanded
Rs.7000/- from him also and when he asked that court has
imposed fine of Rs.4000/-, why they were demanding
Rs.7000/-, on which, they replied that his fine as per challan was
for about Rs.30-35000/-, but they got it reduced for which, he
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has to give extra money. Thereupon, complainant informed
about these facts to one Advocate, Sh. Pratik Saxena, on which,
he accompanied him and thereupon, they handed over him the
fine receipt of Rs.4000/-, but told that mere fine receipt would
not do anything and that vehicle will be released as per their
wish only. Thereafter, at about 03:30 pm, complainant alongwith
his driver went to Sector-22, where his vehicle was impounded,
but the staff posted there asked him to show one or other
document and despite showing the documents, they refused to
release the vehicle. In the meantime, at about 05:30 pm, one of
the official who made demand of extra Rs.3000/- in the Court
also reached there and asked them to give Rs.3000/- and to get
release their vehicle. Thereupon, the staff who was sitting on
window, Sector-22 called them towards behind where the person
who met them in Court was also standing and the window staff
official told the Court official that he should have taken money
from them initially.
5. Thereafter, complainant went to ACB, pursuant to
which, a raiding team was constituted and at first instance
raiding team went to Ahlmad room of Court no. 314 of Dwarka
Court alongwith complainant and panch witness, but out of two
officials of Transport Department, one of them who made
demand of Rs.3000/- for giving fine receipt was stated to be on
leave and the another asked the complainant to go at Pit where
his work will be done. Thereafter, raiding team went to the
Parking Pit, Transport Department, Sector-22, Dwarka, where
Vedpal, who was posted as Inspector Enforcement Department
asked the complainant in presence of panch witness that his
vehicle shall not be released on the strength of fine receipt and
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documents and that he has to give money in a room of right side
corner and co-accused Aditya Kumar also asked the
complainant “
bina paise diye kaam nahi hoga, paise to dene
padenge” and thereupon applicant/accused Umesh was
apprehended red handed while accepting bribe of Rs.1000/-.
6. Keeping in view of the fact that the applicant/
accused is in JC since 23.03.2023 and co-accused having similar
role has already been granted bail, applicant is admitted to bail
on furnishing a personal bond in the sum of Rs.25,000/- with
one surety of like amount subject to the following conditions :-
(i) That during the period of bail, applicant/accused
shall not try to contact or influence, directly or
indirectly, any of the witnesses of present case and
shall not tamper with evidence;
(ii) That applicant/accused shall not misuse the
liberty of bail by indulging in commission of similar
offences in future;
(iii) That applicant/accused shall not leave the
country without prior permission of the Court;
(iv) That applicant/accused shall intimate the Court
in case of change of address.
7. Accordingly, bail application stands disposed off.
8. A copy of order be given dasti to Ld. Counsel for
applicant/accused as well as IO.
(Sanjeev Kumar Malhotra)
Special Judge, PC Act (ACB-01)
RADC, New Delhi.
18.05.2023
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