Final Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF DEEPALI SHARMA :
SPECIAL JUDGE: (PC ACT): (ACB-01):
RACC: NEW DELHI
CNR No. DLCT11-000488-2025
Bail Matter No. 155/2025
FIR No. 33/2025
PS : ACB
State Vs Vishal Kumar
09.06.2025
This is a regular bail application u/s 483 BNSS –
2023 moved on behalf of the applicant/accused Vishal Kumar s/o
Sh. Munshi Lal.
Present : Sh. Sukhbeer Singh, ld. Chief P.P. for the State.
Sh. Rahul Gupta, ld. counsel for the applicant/accused.
Insp. Pramod Gupta on behalf of IO/ACP Devender
Kumar Singh.
1. IO/ACP Devendra Kumar Singh has sent a written
request seeking exemption from personal appearance as well as
authorizing Insp. Pramod Gupta, who has been briefed in this matter
to appear before this court.
2. Fresh status report filed by Insp. Pramod Gupta.
3. Ld. Counsel for the applicant/accused prays for grant
of bail to applicant/accused by submitting that he is innocent and he
has been falsely roped in this case. It is urged that the
applicant/accused is in JC since 17.05.2025 and has fully co-operated
in investigation. It is stated that the applicant/accused also moved an
application before the Joint Commissioner of Police, ACB, GNCTD,
for becoming an approver in this case. It is urged that nothing
incriminating has been recovered from the applicant/accused. He had
co-operated during PC remand and as such he is not required for any
further custodial interrogation. It is urged that no fruitful purpose will
be served by keeping the applicant/accused behind bars as he has
himself disclosed all relevant facts to the IO and thus there is no
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apprehension of him tampering with evidence. It is urged that even as
per the status report filed by ACB before the Hon’ble High Court and
before this court, it is manifest that the applicant/accused had assisted
in investigation and strengthening the evidence available with the
investigating agency. Moreover, the status report filed before the
Hon’ble High Court also reveals that the applicant/accused and his
family were in distress and the applicant/accused was under pressure
to act in the manner that he did. It is accordingly prayed that the
applicant/accused did not commit any illegal act out of his own free
will and had only acted under pressure and therefore, he cannot be
attributed with any illegality. It is urged that applicant/accused has
clean antecedents and he is ready to join investigation in this case as
and when directed by the IO and also ready to abide by all the
conditions whatever would be imposed by the court. It is prayed that
applicant/accused be granted bail in this case.
4. Per contra, bail application is opposed by Ld. Chief
P.P. for the State by stating that serious nature of allegations have been
levelled against the applicant/accused and investigation is at very
initial stage. It is urged that as per FIR, one Babita Sharma, the sister-
in-law of the complainant Prasoon Vashisth, was accused in FIR No.
05/2023, PS ACB, New Delhi and bribe was being demanded by the
court staff in lieu of securing bail to her and demand was also made
from other co-accused persons for securing their bail. Another
complaint was also filed by Vikesh Kumar Bansal @ Neeraj, who is
an accused in FIR No. 05/2023, PS ACB, wherein he alleged demand
of bribe by the applicant/accused in lieu of grant of regular bail.
Complainant Vikesh Kumar Bansal also forwarded audio recordings
of conversations in support of the allegations. A report in that regard
was submitted to the Principal Secretary, Department of Law, Justice
and Legal Affairs, GNCTD. It is stated that vide letter dated
13.02.2025, the Hon’ble High Court of Delhi directed that the
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investigating agency is at liberty to carry on with the investigation
with respect to the complaints received by them. Pursuant thereto an
enquiry was initiated and the complainant Prasoon Vashishth
corroborated his statement with supporting evidence. However, the
individuals connected with the second complaint evaded enquiry and
thereafter the present FIR was registered.
5. It is urged that during investigation it was revealed that
the applicant/accused Vishal had secured bail against payment of bribe
to Ahlmad Mukesh on different dates and also facilitated other co-
accused persons in securing bails by payment of bribe money to
Ahlmad Mukesh.
6. It is stated that in the reply filed by IO,
applicant/accused Vishal has disclosed all the details as to how he
became a part of the whole nexus and explained each segment of each
incident of obtainment of bribe in his disclosure-cum-interrogation
memo dated 18.05.2025. It is further stated in the reply that the
revelations made by applicant/accused assisted in co-relating,
establishing and strengthening the evidence available on file. The
version of PWs and technical evidence was found to be supportive of
the facts disclosed by the applicant/accused. It is also stated that a
number of witnesses are yet to be examined. The CDR/IPDR Data
has been partially received and is being analyzed. It is also stated that
during PC remand the applicant/accused pointed out the spots where
the bribe amounts had been delivered, which facts have been found to
be supported by the technical evidence including locations of the
concerned persons. Other facts have also been found to be supportive
of the disclosure statement of the applicant/accused. It is prayed that
bail application of the applicant/accused is liable to be dismissed.
7. I have heard ld. Counsel for the parties and perused
the replies filed by IO.
8. In the present case FIR has been lodged u/s 7/13/8 PC
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Act r/w Section 308(2)/61(2) BNS. The allegations against the
applicant/accused are stated to be u/s 8 PC Act and conspiracy to
commit the offence u/s 7 PC Act as well as u/s 308(2) BNS.
9. Considering the above-mentioned discussion, period
of custody of the applicant/accused as well as the fact that as per the
replies filed by the IO, it is manifest that further custody of the
applicant/accused is not required for investigation of this case,
applicant/accused Vishal Kumar is admitted to bail on his furnishing a
personal bond in the sum of Rs. 50,000/- with one surety in the like
amount subject to following conditions :
(i) That applicant/accused shall join investigation with
the IO/SHO concerned as and when required;
(ii) That 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;
(iii) That applicant/accused shall not misuse the liberty
of bail by indulging in commission of similar or any
other offence in future;
(iv) That applicant/accused shall not leave the country
without prior permission of the Court;
(v) That applicant/accused shall intimate the IO/SHO
concerned in case of change of his address.
10. Accordingly, bail application stands disposed off.
11. Copy of order be given dasti to the ld. Counsel for the
applicant/accused and IO. Copy of order be also sent to the
Superintendent Jail concerned.
( Deepali Sharma )
Special Judge, PC Act(ACB-01)
RACC, New Delhi/09.06.2025
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