Final Order 3

Order Details: COPY OF ORDER
Pdf Text: Bail Matter No. 151/2023
State vs. Bitto
FIR No. 08/2022
PS: ACB
U/s 7 of PC Act r/w 420/468/471/120B/34 of IPC
29.08.2023
Present: Sh. Kumar Sanjay, Ld. Addl. PP for State assisted by
Sh. Sushil Kumar Jha, Ld. Counsel for complainant.
Sh. Salim Malik, Ld. Counsel for applicant/accused.
IO/ACP Jarnail Singh in person. Reply filed. Copy
supplied.
This is an application for grant of bail U/s 439
Cr.P.C. as filed on behalf of above named applicant/accused.
1) Ld. Counsel for the applicant argued that applicant is
in J/C since 30.06.2023 and has been falsely implicated in
present case. It is submitted that the applicant joined the
investigation on many occasions after receiving notices
U/s 160 Cr.P.C., but he was arrested without any justified
grounds and there is clear violation of directions issued by
Hon’ble Apex Court in case of Satender Kumar Antil Vs
CBI.
2) Ld. Counsel for applicant vehemently contended that
as per allegations, applicant has been implicated for his
alleged involvement in only one transfer of permit of TSR
No. DL-1RL-3645. It is submitted that triple test for grant
of bail goes in favour of applicant as there is no risk of
tampering of evidence, influencing the witnesses or
absconding. Ld. Counsel for applicant further argued that
co-accused Subhash Chander having similar role has
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already been granted bail, therefore, applicant is also
entitled for bail on the ground of parity.
3) Per contra, bail application is opposed by Ld. Addl.
PP for the State assisted by Ld. Counsel for complainant
while arguing that IO has complied with the directions
issued by Hon’ble Supreme Court in Satender Kumar
Antil’s case and applicant’s judicial remand was granted
by the concerned court only after being satisfied regarding
ground of arrest of accused. It is submitted that case relates
to a deep criminal nexus involving the officials of
Transport Authority of Burari and the dealers/financiers of
auto-rickshaws for procuring transfer of permits of auto-
rickshaws in fraudulent manner. Ld. Addl. PP for State
further argued that as per investigation conducted so far,
out of 70 cases of transfer of permits, 28 cases are of those
permit holders who have already expired and four persons
are not traceable. Ld. Addl. PP for State further argued that
the permit holder whose permit was got transferred by the
applicant through co-accused Jaspreet Singh Kathuria @
Rishu had already died.
4) Facts in brief are that present case FIR was
registered pursuant to directions of Hon’ble Delhi High
Court in W.P.(Crl.) 1112/2022 dated 12.05.2022 whereby,
Hon’ble Delhi High Court directed to conduct
investigation with regard to allegations of corruption
treating the petition as a complaint. The petitioners no. 1
and 3 are societies working as NGOs and petitioner no. 2
is a Trade Union and other petitioners are victim TSR auto
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drivers/sufferers who have preferred the aforesaid
Criminal Writ Petition to expose the illegal and corrupt
practices of unlawful TSR auto financiers/unauthorized
dealers, touts/agents and DTO/MLO working at Burari
Transport Authority who are exploiting poor auto rickshaw
drivers.
5) It is stated that there is a cap on TSR permits in
Delhi and only 1,000,00 TSR auto permits are allowed and
out of the same around 70% auto permits are traded
illegally by the unauthorized dealers/proprietorship
firms/unlawful financiers. Presently on-road price of a
new TSR is around Rs.2,46,000/- but the same vehicle is
sold in the market at around Rs.6,30,000/- due to huge
black marketing of TSR auto permits. The DTO/MLO in
connivance with unlawful financiers completely stopped
the execution of the terms of order dated 15.04.2015 of the
Transport Department and the order/judgment dated
16.12.1997 passed by Hon’ble Supreme Court in M.C.
Mehta Vs Union of India and without verifying the cause
of dispute, they locks the records of TSR autos in auto-
rickshaw units without verifying the cause of dispute at the
request of third party/stranger/unlawful financiers. Such
proprietorship firms/unlawful financiers apart from bribing
and managing Burari Transport officials also misuses the
authority of the court by procuring 4700 ex-parte interim
court orders U/s 9 of Arbitration and Conciliation Act
without impleading registered owner/permit holder as a
necessary/proper party. The practice of bribing at Burari
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Transport Authorities is at peak and no driver can get his
work done without the assistance of tout/agent and without
paying bribe and there are around 30-40 touts/agents
working at Burari Transport Authority and all are having
separate codes and are paying bribes to DTO/MLO.
6) It is stated that by misusing the faceless scheme
which came into force due to COVID-19 pandemic, the
DTO/MLO in collusion with unlawful financiers have
illegally renewed or transferred TSR auto permits of
several expired permit holders without following due
process of law. There is huge revenue losses to
Government by transferring the auto permits of expired
permit holders without following the due process of law as
the penalty of expired permit holders are not deposited and
straightway vehicles are transferred. It is stated that one
Sh. Anil Sethi encashed the opportunity of COVID-19
pandemic and filed a writ petition no. 8181/2020 before
the Hon’ble High Court through his employee Sh.
Sukhvinder Singh by using the name of a union “Delhi
Auto Rickshaw Sangh” and after getting favourable order
under faceless scheme got several vehicles transferred
illegally and also got renewed permits of several vehicles
by manipulating the transport officials. The said Sh. Anil
Sethi by manipulating, concealing and forging the
documents has procured more than 2700 court orders out
of around 4700 total court orders given to proprietorship
firms in Delhi in TSR auto sector. It is stated that the
enquiry conducted so far prima facie established
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commission of offence U/s 7 of PC Act r/w 420/120B IPC.
7) In Nimmagadda Prasad vs Central Bureau of
Investigation, 2013 V AD (SC) 549, the Hon’ble Apex
court observed as under :
“27. While granting bail, the court has to keep in
mind the nature of accusations, the nature of
evidence in support thereof, the severity of the
punishment which conviction will entail, the
character of the accused, circumstances which are
peculiar to the accused, reasonable possibility of
securing the presence of the accused at the trial,
reasonable apprehension of the witnesses being
tampered with, the larger interests of the
public/State and other similar considerations. It
has also to be kept in mind that for the purpose of
granting bail, the Legislature has used the words
“reasonable grounds for believing” instead of
“the evidence” which means the Court dealing
with the grant of bail can only satisfy it as to
whether there is a genuine case against the
accused and that the prosecution will be able to
produce prima facie evidence in support of the
charge. It is not expected, at this stage, to have
the evidence establishing the guilt of the accused
beyond reasonable doubt.”
8) As per reply of IO, admittedly till today applicant is
found indulged in transfer of permit of only one TSR
bearing registration no. DL-1RL-3645. It is also reported
that co-accused Jaspreet Singh Kathuria @ Rishu who was
working as tout had forged the signatures of the permit
holder of the present case. It is not the case of prosecution
that applicant abetted any public servant i.e. officials of
Transport Authority to illegally transfer the permit of said
TSR by taking any gratification.
9) Keeping in view the alleged role of applicant as well
as the fact that he is in JC since 30.06.2023 and that co-
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accused Subhash Chander 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 the 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.
10) Accordingly, bail application stands disposed off. A
copy of order be given dasti to Ld. Counsel for
applicant/accused as well as IO.
(Sanjeev Kumar Malhotra)
Link Special Judge, PC Act (ACB-01)
RADC, NewDelhi/29.08.2023
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