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
FIR No. 12/2023
PS: Anti Corruption Branch
State vs. Mahesh Kumar
U/s 7/8 POC Act r/w 120-B IPC
09.12.2023
Present : Mohd. Iqrar, ld. Chief P.P. for the State.
Sh. D.K.Singh, ld. Counsel for the applicant/accused
Mahesh Kumar.
IO/Insp. Parmod Gupta.
An application for bail u/s 439 Cr.P.C. moved on
behalf of the applicant/accused Mahesh Kumar s/o Ram Kumar
is listed consideration for today.
Fresh reply filed by the IO.
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 applicant/accused is neither employee of
MCD nor he had taken bribe on behalf of alleged co-accused Rajesh
Meena, JE in MCD. It is urged that applicant/accused was arrested
on 06.11.2023 and thereafter two days PC remand was taken by the
police but nothing incriminating was recovered at his instance and
investigation qua him has already been completed and as such no
purpose would be served by keeping him behind bars. It is urged that
applicant/accused is having clean antecedents and he is sole bread
earner of his family. It is further urged that applicant/accused
undertakes to join investigation with the IO/SHO concerned as and
when required.
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Per contra, ld. Chief P.P. for the State opposed the bail
application by submitting that the allegations against the
applicant/accused are serious in nature and he was caught red handed
while demanding and accepting Rs. 10,000/- as bribe from the
complainant in the presence of panch witness. It is further urged that
applicant/accused was taking bribe on behalf of co-accused Rajesh
Meena, JE Building, MCD, and bribe money i.e. currency notes of
Rs. 1000/- were recovered from the possession of the accused and the
exhibits i.e. hand wash, bribe money and wearing jeans of accused
have already been deposited at FSL Rohini for analysis and expert
opinion. It is urged that even said transaction was got videographed
in mobile phone of the complainant, which has also been deposited
with FSL Rohini for analysis and expert opinion. It is urged that co-
accused Rajesh Meena is evading his arrest in this case and as such
there is apprehension that applicant/accused may tamper with the
witness, 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 replies filed by the IO.
Considering the facts and circumstances of the case,
period of custody of applicant/accused as well as the facts that
investigation qua applicant/accused has almost been completed, I
deem it fit to grant bail to the applicant/accused. Accordingly,
applicant/accused Mahesh Kumar 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 IO and be also sent
to the Superintendent Jail concerned.
( Deepali Sharma )
Special Judge, PC Act(ACB-01)
RADC, New Delhi.
09.12.2023
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