Final Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF DEEPALI SHARMA
SPECIAL JUDGE: PC ACT: ACB-01:
ROUSE AVENUE COURT COMPLEX: NEW DELHI
Bail Matters No. 113/2024
FIR No. 13/2024
PS : ACB
State Vs Sudarshan Kumar @ Rajveer & Ors.
U/s 7 of Prevention of Corruption Act r/w 120B IPC.
29.07.2024
Present : Sh. Masood Ahmad, ld. Chief P.P. for the State.
Complainant Raj Kumar in person with his counsel
Ms. Surekha Rani, adv.
Sh. Naveen Kumar, ld. Counsel for the applicant/
accused.
IO/Insp. Amarjeet Singh.
This is a regular bail application u/s 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, is moved on behalf of the
applicant/accused Sudarshan Kumar @ Rajveer s/o Sh. Mahendra
Singh.
Reply filed by IO.
Ld. Counsel for the applicant/accused prays for grant
of bail to the applicant/accused stating that applicant/accused is
innocent and he has been falsely implicated in this case. It is urged
that applicant is a government servant with clean antecedents and he is
in JC since 21.06.2024. It is further urged that applicant/accused has
already been placed under suspension w.e.f. 18.06.2024 and he has
responsibility of his family consisting of wife and three children. It is
further urged that as per prosecution case on the complaint of
complainant Raj Kumar, applicant/accused was trapped and caught
while he was accepting bribe amount on behalf of co-accused Gaurav
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Garg. It is urged that co-accused Gaurav Garg has already been
admitted to bail vide order dated 23.07.2024. It is stated that the
investigation in the case is almost complete and no recovery has to be
effected from the applicant/accused, it being a trap case.
On the other hand ld. Chief P.P. for the State and ld.
Counsel for the complainant opposed the bail application by
submitting that applicant/accused was caught red handed while
demanding and accepting bribe from the complainant. It is urged that
the audio-video recording shows that co-accused Gaurav Garg
instructed the complainant to fulfill the demand of bribe of
applicant/accused. It is urged by ld. Counsel for the complainant that
applicant/ accused had extended threats to the complainant to face dire
consequences and as such there is apprehension that applicant/accused
may cause harm to the complainant if he is released on bail. It is
accordingly urged that present bail application ought to be dismissed.
It is urged by ld. counsel for the accused that the
complainant is a habitual complainant and has filed the present false
complaint to extort money and no threat was ever extended by the
applicant/accused. It is urged that applicant/accused undertakes to
abide by all terms and conditions as may be imposed by the court.
I have heard ld. counsel for the parties and perused the
record including reply of IO.
Considering the submissions made, period of custody
of applicant/accused and the fact that co-accused Gaurav Garg has
already been granted bail in this case, applicant/accused Sudarshan
Kumar @ Rajveer is admitted to bail on his furnishing a personal
bond in the sum of Rs. 35,000/- with one surety in the like amount
subject to following conditions :
(i) That applicant/accused shall join the investigation in
this case as and when required by the IO;
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(ii) That during the period of trial, applicant/accused
shall not try to contact or influence, directly or
indirectly, complainant or any other witness 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 offences
in future;
(iv) That applicant/accused shall appear before Ld. Trial
Court on each and every date of hearing;
(v) That applicant/accused shall not leave the country
without prior permission of the Court;
(vi) That applicant/accused shall intimate the Court in
case of change of address.
Accordingly, bail application stands disposed off.
Copy of order be given dasti to Ld. Counsel for
applicant/accused as well as to the IO.
( Deepali Sharma )
Special Judge, PC Act(ACB-01)
RADC, New Delhi.
29.07.2024
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