Final Order 2

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF DEEPALI SHARMA,
SPECIAL JUDGE (PC ACT) (ACB-01)
RADC: NEW DELHI
Bail Application No. 183/2023
FIR No. 10/2023
PS : Anti Corruption Branch
State Vs Lalit Kumar Yadav
U/s 7 PC Act r/w 120B IPC
25.09.2023
Present : Mohd. Zafar Khan, ld. Chief P.P. for the State.
Sh. B.C.Mishra, ld. Counsel for the applicant/accused
Lalit Kumar Yadav.
IO/Insp. Lakshmi Singh.
This is a regular bail application u/s 439 Cr.P.C.
moved on behalf of the applicant/accused Lalit Kumar Yadav
s/o Sh. Bal Kishan Yadav.
Reply filed by IO.
It is contended by Ld. counsel for applicant/accused
that applicant/accused is innocent and he has been falsely
implicated in this case. It is urged that applicant/accused is in JC
since 26.08.2023 and he is no more required for the purpose of
investigation. It is urged that coaccused Ravi Kasana and Sita Ram
have already been granted bail in this case vide orders dated
14.09.2023 and 19.09.2023 respectively. It is urged that the
applicant/accused was never in a position to demand bribe from the
complainant or to give any type of relief to him. It is further stated
that the applicant/accused is having clean antecedents and he is sole
bread earner of his family consisting of elderly parents and two
collegegoing sons. It is further stated that the applicant/accused is
ready to join investigation in this case with the IO concerned as and
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when required and also to abide by any condition imposed by the
court.
Per contra, bail application is opposed by Ld. Chief
PP for State by stating that applicant/accused had entered into a
criminal conspiracy with the coaccused Ravi Kasana and Sita Ram
with respect to the alleged act of demand and abetment of the
complainant to give bribe. It was urged that it was the applicant/
accused who had demanded bribe money from the complainant by
extending threat that otherewise he i.e. complainant would be
removed from his job of contractual driver. It is urged that
applicant/accused had accepted bribe money of Rs. 30,000/ from
the complainant and handed over the same to coaccused Sita Ram,
who handed over the same to coaccused Ravi Kasana and finally
the bribe currency notes were recovered at the instance of co
accused Ravi Kasana from one Anil. It is urged that
applicant/accused was caught during the raid proceedings and hand
wash of the applicant/accused had also turned pink. It is urged that
allegations of serious nature have been levelled against the
applicant/accused and as such bail ought not to be granted to the
applicant/accused.
I have heard arguments from both parties and perused the
record including FIR and reply filed by the IO.
In brief, present case FIR was registered on the complaint of
complainant Dinesh Chand, a contractual driver in DTC
Department, wherein he alleged that on 23.08.2023 accused Lalit
Yadav, driver in DTC Department, called him on his mobile phone
no. 9718385360 from his mobile no. 9971802771 and informed that
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he had spoken to coaccused Ravi Kasana, D.M. in DTC
Department, and he was demanding Rs. 50,000/ or else the
complainant would be removed from his job and finally bribe
money was reduced to Rs. 30,000/. On 25.08.2023, a raiding party
was constituted and applicant/accused Lalit Yadav was caught red
handed in PUC room of DTC Bus Depot, Kalkaji, and he informed
that he had handed over the bribe money to coaccused Sita Ram,
driver in Khanpur DTC Bus Depot, for handing over the same to
coaccused Ravi Kasana. Hands of applicant/accused were also
washed in Sodium Carbonate chemical which turned pink. Co
accused Sita Ram and Ravi Kasana were also apprehended and then
at the instance of coaccused Ravi Kasana one white envelop
containing bribe money of Rs. 30,000/ was recovered from one
Anil, one of the conductor in Kalkaji Bus Depot.
Considering above mentioned discussion, period of
custody of the applicant/accused and the fact that coaccused Ravi
Kasana and Sita Ram has already been granted bail in this case,
applicant/accused Lalit Kumar Yadav 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 investigation with
the IO concerned as and when required;
(ii) That the 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;
(iii) That applicant/accused shall not misuse the liberty
of bail by indulging in commission of similar offences
in future;
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(iv) That applicant/accused shall not leave the country
without prior permission of the Court;
(v) That applicant/accused shall intimate the Court in
case of change of address.
Accordingly, bail application stands disposed off.
Copy of this order be given dasti to the IO of the case
and be also sent to the Superintendent Jail concerned.
( Deepali Sharma )
Special Judge, PC Act(ACB-01)
RADC, New Delhi.
25.09.2023
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