Final Order 3

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF DEEPALI SHARMA,
SPECIAL JUDGE (PC ACT) (ACB-01)
RADC: NEW DELHI
CNR No. DLCT11000619-2025 & CNR No. DLCT11000599-2025
Bail Applications No. 197/25 & 201/25
Omveer Vs State
State Vs Kishori
FIR No. 35/2025
PS : Anti-Corruption Branch
U/s 7 of Prevention of Corruption Act, r/w 61(2) BNS
14.07.2025
This order shall dispose off the bail applications
filed u/s 483 BNSS, on behalf of applicants/accused persons
namely Omveer S/o Sh. Trilok Chand and Kishori S/o Sh. Tulva.
Present : Sh. Sukhbeer Singh, ld. Chief P.P. for the State.
Sh. Ravindra Singh, ld. Counsel for the
applicant/accused Omveer.
Sh. A.K. Dham, ld. Counsel for the
applicant/accused Kishori.
IO/Insp. Yuvraj Prasad in person.
Replies filed by the IO.
Present bail applications have been moved on behalf
of applicants/accused persons namely Omveer and Kishori stating that
the they are innocent and have been falsely implicated in this case. It
is stated that applicant/accused are in JC since 16.06.2025. It is
further stated by applicants/accused persons that they are working as
sweepers in East Delhi Municipal Corporation and posted at Khichri
Pur, Delhi and performed their duties diligently. It is stated that the
complainant is also working as a daily wage earner who was
appointed on compassionate ground after demise of his father.
It is stated by applicant/accused Omveer that the
complainant did not take his work seriously despite warnings and used
to remain absent from his work. He pressurized applicants/accused
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persons to maintain the record of his attendance and to give him full
salary as was being given to other regular employees. When the illegal
demands of complainant were denied by the applicant/accused, who
also advised the complainant to do the assigned tasks, the complainant
filed the present false case against the applicants/accused persons.
It is further stated by applicant/accused Kishori that
the complainant had borrowed an amount of Rs.30,000/- from the
applicant/accused in cash to meet his urgent financial need. In the first
week of June 2025, the applicant/accused Kishori requested the
complainant to return the borrowed amount but the complainant
behaved rudely with the applicant/accused and some
arguments/altercations also took place between them. It is urged that
the complainant has filed the present false case against the
applicant/accused in order to usurp the said amount of the
applicant/accused Kishori.
It is also urged by the applicants/accused persons that
they have clean antecedents and they are willing to join the
investigation as and when directed. They are ready to abide by the bail
conditions imposed by this court. It is prayed that the
applicants/accused persons may be enlarged on bail.
On the other hand, bail applications are opposed by
Ld. Chief P.P. for the State by stating that the allegations against the
applicants/accused persons are grave in nature. It is stated that the
allegations against the applicants/accused persons in the complaint
dated 16.06.2025 filed by the complainant are that during their tenure,
Kishori (Sanitary Guide) and Omveer (permanent Safai Karamchari,
acting as an assistant) demanded a monthly bribe amount of
Rs.3,000/- from the complainant for marking his attendance in the
MCD Attendance Register. It is further stated that despite complying
with their demand, the applicants/accused persons increased the bribe
demand to Rs.6,000/- per month and troubled by this demand of bribe,
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the complainant sought legal action against both the
applicants/accused persons. Upon complaint filed by the complainant,
a trap was laid on the same day and the raiding team alongwith the
complainant and panch witness reached the spot near Block-8, Khichri
Pur Colony, Kalyanpuri, Delhi. The complainant called Omveer on
his mobile to hand over the bribe amount, however Omveer instructed
the complainant to give the bribe amount to Kishori at Khichri Pur,
MCD Office. Thereafter, raid was conducted and accused Kishori was
caught red-handed and a bribe amount of Rs.3,000/- was recovered
from him. Subsequently, the complainant alongwith the trap team
proceeded to Super Shine Chowk, Vinod Nagar where the
complainant identified applicant/accused Omveer who was
apprehended. Both the accused persons were brought to ACB office
and on the basis of the trap proceedings, the present FIR was
registered. It is stated that the complainant also produced voice
recordings between him and accused persons which support his
version. It is urged that the investigation is underway and bail
applications of the applicants/accused persons may be dismissed.
I have heard ld. Counsels for the parties and perused
the replies filed by the IO.
Considering the aforesaid, the period of custody of the
applicants/accused persons and and the fact that bribe money has
already been recovered and no further recovery is required to be
effected from the applicants/accused persons, I deem it fit to grant bail
to the applicants/accused persons namely Kishori and Omveer.
Accordingly, applicants/accused persons are admitted to bail on their
furnishing personal bonds in the sum of Rs.35,000/- each with one
surety each in the like amount subject to following conditions :
(i) That applicants/accused persons shall join
investigation with the IO/SHO concerned as and when
required;
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(ii) That applicants/accused persons 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 applicants/accused persons shall not misuse
the liberty of bail by indulging in commission of similar
offences in future;
(iv) That applicants/accused persons shall not leave the
country without prior permission of the Court;
(v) That applicants/accused persons shall intimate the
IO/SHO concerned in case of change of their addresses.
Accordingly, both the bail applications stand disposed
off.
Copy of order be given dasti to the ld. Counsels for the
applicants/accused persons as well as IO concerned. Copy of order be
also sent to the Superintendent Jail concerned.
( Deepali Sharma )
Special Judge, PC Act(ACB-01)
RADC, New Delhi.
14.07.2025
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