Final Order 2

Order Details: COPY OF ORDER
Pdf Text: Bail Matter No. 227/2022
FIR No.06/2022
PS : ACB
State Vs Vinod Kumar
U/s 7 of PC Act
26.09.2022
Present : Sh. Vikash Kumar, Ld. Addl. PP for the State.
Sh. Namit Saxena, Ld. Counsel for the applicant.
IO Insp. Anand Prakash in person. Reply is filed.
1) This is an application U/s 439 Cr.P.C. for grant of regular bail
as filed on behalf of applicant/accused Vinod Kumar.
2) Ld. Counsel for the applicant argued that the applicant is in J/C
since 24.08.2022 and has been falsely implicated in the present case.
It has been submitted that there is no demand of bribe by the applicant
and as such no case U/s 7 of PC Act is attracted against the applicant.
Ld. Counsel for the applicant further argued that the applicant is sole
bread earner of his family having clean antecedents and is also ready
to abide by any condition imposed by the court.
3) Per contra, Ld. Addl. PP for the State opposed the bail
application while arguing that there is specific demand made by the
applicant and there is voice recording of applicant in this regard. It
has been submitted that the complainant has also given his statement
U/s 164 Cr.P.C. wherein he has specifically stated that demand of
Rs.10,000/ was made by the applicant from the complainant.
4) In brief as per report of IO, the case of prosecution is that on
24.08.2022, complainant Sh. Ashif Khan approached ACB with
grievance that MCD staff namely Virender, Beldar and Vinod Kumar
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are taking Rs.10,000/ per month from him for last six years. The
complainant is running workshop of four wheeler repairing for the
last 20 years on the footpath near his residence at Nehru Ekta Colony,
R.K. Puram, Delhi. The complainant arranged Rs.10,000/ for bribe
amount and after due verification, a trap was laid near workshop of
the complainant and accused Vinod Kumar was trapped redhanded in
the presence of independent panch witness while receiving bribe
amount i.e. Rs.10,000/ from complainant.
5) Applicant is in judicial custody since 24.08.2022. Statement of
complainant u/s 164 Cr.P.C. has already been recorded. His custodial
interrogation is not required. Keeping in view the totality of facts and
circumstances of present case, applicant/accused is admitted to bail
on his 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 ;
(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.
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6) 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. Accordingly, bail application stands disposed
off.
(Sanjeev Kumar Malhotra)
Special Judge, PC Act (ACB01)
RADC, New Delhi.
26.09.2022
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