Final Order 2

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF DEEPALI SHARMA
SPECIAL JUDGE: PC ACT: ACB-01:
ROUSE AVENUE COURT COMPLEX: NEW DELHI
Bail Matter No. 121/2024
FIR No. 14/2024
PS: Anti Corruption Branch
U/s 7 of Prevention of Corruption Act r/w 120B IPC
State vs. Jal Singh & Anr.
06.08.2024
Present : Sh. Girish Giri, Ld. Substitute Addl.P.P. for the State.
Sh. Viveka Nand Mishra, ld. Counsel for
applicant/accused Jal Singh.
IO/Insp. R.N.Pathak.
This is a regular bail application u/s 439 Cr.P.C.
moved on behalf of the applicant/accused Jal Singh, s/o Mohar 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 stated
that the applicant/accused is in JC since 25.06.2024 and he has clean
antecedents. It is further urged that applicant/accused is a Safai
Karamchari in MCD Department and as such he has not role to play in
regularization process of Safai Karamchari. It is further urged that the
applicant/accused neither demanded any money as bribe nor accepted
the same and as such no recovery of tainted money was made from the
possession of applicant/accused. It is urged that co-accused Ritesh
Kumar has already been granted bail in this case vide order dated
31.07.2024. It is urged that the applicant/accused is the only bread
earner of his family and since the investigation in the case qua
applicant/accused is almost complete and as no recovery has to be
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effected from the applicant/accused, no useful purpose would be
served by keeping him behind bars. It is urged that applicant/accused
undertakes to abide by all terms and conditions as may be imposed by
the court.
Per contra ld. Substitute Addl. P.P. for the State
opposed the bail application by submitting that on the complaint of
complainant a raid was conducted and when the complainant
alongwith panch witness met with co-accused Ritesh, Labour Welfare
Superintendent Officer, who asked the complainant to give bribe
money of Rs. 20,000/- to applicant/accused Jal Singh.
Applicant/accused Jal Singh also asked the complainant in the
presence of panch witness for bribe money and he sent a private
person namely Suraj, who asked the complainant for bribe money and
while he was accepting the bribe money on behalf of
applicant/accused Jal Singh, he was apprehended. Applicant/accused
Jal Singh disclosed that he used to hand over 50% share of bribe
money to co-accused Ritesh Kumar. It is urged that the complainant
and Suraj in their statements recorded u/s 164 Cr.P.C. have
corroborated their previous versions. It is accordingly urged that
considering nature of allegations levelled against the
applicant/accused, present bail application ought to be dismissed.
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 no recovery remains to be
effected from the applicant/accused as well as considering that co-
accused Ritesh Kumar has already been granted bail,
applicant/accused Jal Singh 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 :
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(i) That applicant/accused shall join the investigation in
this case as and when required by the IO;
(ii) That the 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 to 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
06.08.2024
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