Final Order 2

Order Details: COPY OF ORDER
Pdf Text: RC 0032024A0034 dated 30.08.2024
PS CBI, ACB, New Delhi
U/s 7 of PC Act 1988 (As amended in 2018)
CBI vs. Amit
MISCDJ ASJ/365/2024
12.09.2024
Present: Ms. Shashi Tiwari, Ld. Sr. PP for CBI.
Sh. Rehan Khan, Ld. Counsel for applicant/accused Amit
Malik with applicant in person.
IO Inspector Bahadur Singh is present.
1. This is an application filed by applicant/accused Amit
Malik @ Amit for surrendering himself in FIR No. RC
0032024A0034 dated 30.08.2024, registered at PS CBI, ACB, New
Delhi U/s 7 of PC Act 1988 (As amended upto date).
2. Reply has been filed by IO seeking arrest of applicant
Amit, submitting inter-alia that on 30.08.2024, a written complaint
was filed by the complainant Shankar Ahirvar with ACB, CBI, New
Delhi and as per the allegation in the said complaint, on 15.08.2024
complainant’s younger brother Kishan Ahirvar and his wife Rukhmani
Ahirvar got into an argument with each other and fought with each
other. The wife of complainant’s brother Rukhmani got injured. She
was taken to Ambedkar Hospital, Delhi by the complainant and his
brother. The doctors at hospital had reported the matter to PS
Shahabad Dairy, Delhi.
3. It is further alleged that said call was marked to applicant
Amit Malik, who reached at the hospital. It is alleged that applicant
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demanded a bribe money of Rs. 20,000/- from the complainant for not
implicating him only and his family in the case. The complainant
gave the complaint to CBI ACB in this regard and after verification of
the same, a trap was laid on 30.08.2024 in presence of two
independent witnesses. During trap proceedings, accused Shailesh
Kumar Gupta @ Gupta ji accepted the bribe amount of Rs. 20,000/-
from the complainant on the direction of accused Amit Malik @ Amit.
The said amount was handed over to accused Amit Malik @ Amit, out
of which, Rs. 16,000/- was kept by applicant with himself and he
handed over Rs. 4,000/- to accused Shailesh Kumar Gupta @ Gupta Ji
as amount of his share. Accused Shailesh Kumar Gupta was caught
red handed and aforesaid amount of Rs. 4,000/- was recovered from
accused Shailesh Kumar Gupta. After ascertaining role of accused
Shailesh Kumar Gupta @ Gupta Ji, he was arrested at 8 a.m. on
31.08.2024, was produced before the Court and accordingly, he was
sent to judicial custody on 31.08.2024. However, accused Amit Malik
@ Amit Head Constable ran away from the spot and did not join the
investigation. It is further submitted in reply filed by IO that
anticipatory bail application was filed by the applicant before this
Court, however, he was not granted anticipatory bail by this Court.
Since the applicant is evading from the investigation since 30.08.2024
and has not joined the investigation, his custodial interrogation is
required to recovery Rs. 16,000/- which is crucial piece of evidence
part of tainted money and same is yet to be recovered from the
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applicant/accused Amit Malik @ Amit, his voice sample is yet to be
taken and to unearth the larger conspiracy etc. The arrest is necessary.
4. I have heard and perused the said application as well as
reply filed by IO.
5. The aforesaid application of arrest and interrogation of
applicant/accused has not been opposed by Ld. Counsel for
applicant/accused.
6. I have gone through the contentions raised in the reply
filed by IO and in the application filed by the application. I have also
perused the case file as well as case diaries.
7. In view of aforesaid facts and circumstances of the case,
arrest / custodial interrogation of applicant/accused Amit Malik @
Amit is necessary to unearth the facts qua the case property etc. IO is
permitted to arrest and interrogate the applicant / accused Amit Malik
@ Amit for one hour.
8. Application filed by the applicant/accused Amit Malik @
Amit stands disposed of accordingly.
9. Copy of this order be given to IO.
(Jagdish Kumar )
Special Judge (PC Act) (CBI)-16
Rouse Avenue District Courts
New Delhi/12.09.2024
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