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
Bail Matter No. 124/2024
FIR No. 15/2024
PS: Anti Corruption Branch
State vs. Niranjan Kumar Sharma
U/s 7 POC Act r/w 120-B IPC
13.08.2024
This is a regular bail application u/s 483 BNSS moved
on behalf of the applicant/accused Niranjan Kumar Sharma, s/o Late
Harish Chand.
Present : Sh. Gyan Prakash, ld. Substitute Addl. P.P. for the
State.
Sh. A.K.Mishra and Sh. Abhyuday Singh, ld. Counsel
for the applicant/accused Niranjan Kumar Sharma.
IO/Insp. Anand Prakash.
Ld. Counsel for the applicant/accused prays for
granting bail to the applicant/accused by submitting that
applicant/accused is innocent and he has been falsely implicated in
this case. It is urged that the applicant/accused is a driver in Delhi Jal
Board and he was only obeying the directions of his senior officers
and he has no concern with the alleged offence. It is urged that
applicant/accused is in JC since 13.07.2024 and he is having clean
antecedents. It is urged that applicant/accused is sole bread earner of
his family and investigation qua him has already been completed and
as such no useful purpose will be served by keeping him behind bars.
It is further urged that applicant/accused undertakes to join
investigation with the IO/SHO concerned as and when required.
Per contra, ld. Substitute Addl. P.P. for the State
opposed the bail application by submitting that the allegations against
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the applicant/accused are serious in nature. It is urged that
complainant has specifically levelled allegations against the
applicant/accused in his complaint and even phone call recording of
conversation between the complainant and applicant/accused have
been seized, which corroborate the allegations of demand and
acceptance of bribe money by the applicant/accused.
Applicant/accused was caught red handed and bribe amount of Rs.
50000/- was recovered from his possession by the panch witness.
Panch witness in his statement u/s 180 BNSS has stated that
applicant/accused demanded and accepted bribe amount from the
complainant for clearance of his bills of water tankers. It is further
urged that applicant/accused was demanding and accepting bribe as
per direction of co-accused Sandeep Shekhar – JE, who is yet to be
interrogated and arrested in this case. There is apprehension that
applicant/accused may tamper with evidence, if bail is granted to him
and as such a prayer is made that bail ought not to be granted to the
applicant/accused.
I have heard arguments and perused the record
including FIR and reply filed by the IO.
Considering the facts and circumstances of the case,
period of custody of applicant/accused as well as the fact that recovery
has already been effected from the applicant/accused at the spot, I
deem it fit to grant bail to the applicant/accused. Accordingly,
applicant/accused Niranjan Kumar Sharma 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/SHO concerned as and when required;
(ii) That 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;
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(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 not leave the country
without prior permission of the Court;
(v) That applicant/accused shall intimate the IO/SHO
concerned in case of change of his address.
Accordingly, bail application stands disposed off.
Copy of order be given dasti to the ld. Counsel for the
applicant/accused and IO as well as be also sent to the Superintendent
Jail concerned.
( Deepali Sharma )
Special Judge, PC Act(ACB-01)
RADC, New Delhi.
13.08.2024
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