Final Order 4

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SPECIAL JUDGE (PC ACT) (ACB)02,
ROUSE AVENUE COURTS, DELHI
Presided by: Jay Thareja, DHJS
Bail Application No.159/2023
State v Anoop Sharma
FIR No.8/2022
PS AntiCorruption Branch
06.09.2023
At 03:00 pm.
Present : None for the State.
Sh. Rohit Yadav and Sh. Deepak Sharma, Ld. Advocates for the
accused.
1. This order disposes of an application filed by the accused, Anoop
Sharma under Section 439 of CrPC, 1973, on 25.07.2023, seeking grant of
regular bail, in the instant case.
Facts:
2. The facts necessary for disposal of the instant bail application are
that a writ petition viz. WP(Crl.) No.1112/2022, Auto Parivahan Regd. & Ors. v
Government of NCT of Delhi & Ors. (henceforth 'WP(Crl.) No.1112/2022') was
filed in the Hon'ble High of Delhi by 3 societies, a trade union and individual
petitioners (autorickshaw owners) interalia alleging widespread corruption at
Burari Transport Authority, Delhi qua transfer of autorickshaw permits, resulting
in loss of revenue for the Government of NCT of Delhi (henceforth 'GNCTD') and
harassment/exploitation of autorickshaw owners; that keeping in view the
allegations made by the petitioners of WP(Crl.) No.1112/2022, the Hon'ble High
Court of Delhi had passed an order dated 12.05.2022 in WP(Crl.) No.1112/2022,
interalia directing the GNCTD/Delhi Police to investigate the matter; that said
direction had resulted in the registration of the FIR of this case by the
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investigating agency ('ACB'); that during the investigation of this case, the
investigating agency ('ACB') has found that there is a cap of autorickshaw
permits in Delhi, fixed at 1,00,000; that out of the said 1,00,000 autorickshaw
permits in Delhi, 70% are being traded illegally, on account of nexus between
financiers/dealers of autorickshaws, touts and the officials of Burari Transport
Authority, Delhi; that the effect of the said nexus is such that an autorickshaw,
whose on road price is Rs.2,46,000/, is being sold in Delhi at a price of
Rs.6,30,000/ and no ordinary person/autorickshaw owner is able to get anything
done at the Burari Transport Authority, Delhi, without going through the nexus of
financiers/dealers/tout/government officials of Burari Transport Authority, Delhi;
that during the investigation of this case, the investigating agency ('ACB') has
further found that the financiers/dealers of autorickshaws, touts and the officials
of Burari Transport Authority, Delhi, have grossly misused the faceless scheme
introduced by the GNCTD during the Covid19 epidemic and managed illegal
transfer of thousands of autorickshaw permits, including transfer of auto
rickshaw permits of dead and untraceable persons, resulting in huge loss of
revenue to the GNCTD as well as massive exploitation/harassment of owners of
autorickshaws in Delhi; that in pursuance of the findings made during the
investigation of this case, the investigating agency ('ACB') has arrested 9
financiers/dealers of autorickshaws, 4 touts of Burari Transport Authority, Delhi,
one government official viz. MVI of Burari Transport Authority, Delhi and one
manager of financier/dealer of autorickshaws and that out of the 9
financiers/dealers, arrested by the investigating agency ('ACB'), 7 have already
been granted bail by the Ld. Link Judge, on different dates of August, 2023.
Submissions made at the Bar:
3. During the hearing of the arguments qua the instant bail application,
on 01.09.2023, the Ld. Advocate for the accused had submitted that the subject
accused viz. Anoop Sharma should be granted bail in this case because he has
been falsely implicated in this case; because he is a young boy of 25 years of
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age, belonging to poor and marginalized section of the society; because his son,
Master Prince Sharma, aged about 1 year and 1 month, who is suffering from
growth of body and eye problems, requires his constant attention and care;
because his son has to be treated at AIIMS Hospital, which fact has been verified
by the IO/ACP Jarnail Singh; because he has spent sufficient time in custody
since 29.06.2023; because he is no longer required for the investigation of this
case and because many of the other accused, facing much graver allegations, in
contrast to the subject accused, have been granted bail by the Ld. Link Judge, in
August, 2023.
4. Per contra, Ld. PP for the State had submitted that the subject
accused should not be granted bail in this case because the subject accused is
one of the touts working at Burari Transport Authority, Delhi; because till now, the
investigating agency has found that the subject accused was involved in illegal
transfer of 4 autorickshaw permits, including the permit of a dead permit holder,
Late Sh. Parmanand; because the investigating agency believes that the subject
accused is directly/indirectly involved in the commission of offence of forgery of
valuable security, punishable as per Section 467 of IPC, 1860 and because it is
likely that upon being enlarged on bail, the subject accused will influence the
witnesses of the State, who have deposed against him before the investigating
agency and exposed his criminal activities.
Analysis and Conclusion:
5. After considering the aforesaid rival submissions, I find that the bail
application of the subject accused viz. Anoop Sharma, is liable to be allowed (a)
because a majority of the other accused, who are facing much graver allegations
in contrast to the subject accused, have been granted bail by the Ld. Link Judge,
in August, 2023 and the Ld. PP for the State has not made any submission,
warranting this Court to deny the ground of parity to the subject accused; (b)
because by way of separate orders, passed today, few other accused have been
granted bail by this Court; (c) because the stand taken by the investigating
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agency ('ACB/IO ACP Jarnail Singh') in this Court during the hearing of the
instant bail application as well as other bail applications, reflects that the
investigating agency is contemplating the examination of more than 5000 transfer
of permits at Burari Transport Authority, Delhi, during the investigating of this
case, which exercise, will take substantial time (presumably years) to complete
and the subject accused, cannot be kept in judicial custody, for such a long time;
(d) because the subject accused, who had duly joined the investigation of this
case, prior to being arrested, on 29.06.2023, does not appear to be at flight risk;
(e) because invocation of Section 467 of IPC, 1860, by the investigating agency,
after registration of FIR of this case, is highly debatable; (f) because the subject
accused has spent sufficient time in custody since 29.06.2023 and (g) because in
the overall facts and circumstances of this case, it appears that now, no useful
purpose is likely to be served by keeping the subject accused, in judicial custody.
6. In view of the aforesaid reasons, the instant bail application filed by
the subject accused viz. Anoop Sharma, is allowed and he is admitted to bail
subject to furnishing of a personal bond and a surety bond in the sum of
Rs.25,000/ and subject to the conditions:
(a) That upon being enlarged on bail, he will not try to
contact or influence, directly or indirectly, any of the
witnesses of present case and shall not tamper with
evidence;
(b) That he will not misuse the liberty of bail by
indulging in commission of similar offences in the
future;
(c) That he will not go within 500 meters of the Burari
Transport Authority, Delhi, without taking advance
permission of this Court;
(d) That he will not leave the country without prior
permission of this Court; and
(e) That in case of change of his residential address, he
will give advance intimation to this Court.
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7. Copy of this order shall be given dasti to the Ld. Advocate for the
accused. Another copy of this order shall be sent to the IO for information.
(JAY THAREJA)
Special Judge (PC Act)(ACB)02
Rouse Avenue Courts, Delhi
06.09.2023
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