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 Matters no. 217/2023, 221/2023 & 226/2023
FIR No. 15/2023
PS: Anti Corruption Branch
State vs. Sachin Lamba, Kundan Kumar Yadav and Surjit Singh
U/s 7A POC Act r/w 420/465/467/468/471/34 IPC
04.01.2024
Present : Mohd. Gyan Prakash, ld. Substitute Addl.P.P. for the
State.
Sh. Kumar Vaibhav, Sh. Dhananjay Yadav and Mohd.
Ashaab, ld. Counsel for the applicant/accused Sachin
Lamba.
Sh. C.P.Gaur, ld. Counsel counsel for the
applicant/accused Kundan Kumar Yadav.
Sh. Vikram Dua, ld. Counsel for the applicant/accused
Surjit Singh.
IO/ACP Jarnail Singh
Three separate applications for bail u/s 439
Cr.P.C. moved on behalf of the applicants/accused persons
namely Sachin Lamba s/o Shyam Sunder, Kundan Kumar Yadav
s/o Sikandar Yadav and Surjit Singh s/o Mohan Singh are listed
for consideration for today.
Ld. Counsel for the applicants/accused persons pray
for granting bail to the applicants/accused persons stating that the
applicants/accused persons are innocent and they have been falsely
implicated in this case. It is stated that they are not public servants
and hence POC Act is not applicable in their case. It is urged that
applicants/accused persons are having clean antecedents and they are
sole bread earners of their respective families. It is further urged that
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applicants/accused persons are ready to join investigation with the
IO/SHO concerned as and when required.
It is further urged by ld. Counsel for the
applicant/accused Sachin Lamba that applicant/accused is running a
shop for providing/facilitating the companies to get vehicles registered
from the Transport Authority on the basis of the documents provided
by the companies as well as Speed Governor Certificate, which were
sent by the companies through their employees to the
applicant/accused on his WhatsApp number. The applicant/accused
used to take prints of the same on Letter Head and stamps issued by
the companies to the applicant/accused for which the applicant/
accused used to raise invoices to the companies. He had not taken
alleged bribe rather he had taken money for providing services to the
company, which he received in his bank account. The companies have
not made any complaint against the applicant/accused. It is further
urged that the Letter Head and stamps as allegedly recovered from the
applicant/accused were provided by the companies to the
applicant/accused. Applicant/accused is neither employee of Transport
Authority nor he had acted in connivance with the employees of the
Transport Authority. It is further urged that applicant/accused was
arrested on 25.11.2023 and recoveries have already been affected and
investigation qua him has already been completed and no purpose
shall be served by keeping him behind bars.
It is urged by ld. Counsel for the applicant/accused
Kundan Kumar Yadav that applicant/accused is working as a
consultant and he facilitates work in Transport Authority.
Complainant had also taken services of applicant/accused but he did
not pay balance consultation fee of the applicant/accused and rather
made present false complaint against him. It is urged that complainant
had taken his services for renewal of fitness certificate of his
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commercial vehicle no. DL-1LT-0463 and for the said purpose the
complainant transferred an amount of Rs. 6,000/- to him.
Applicant/accused sent e-receipt of the said amount of Rs. 6,000/- and
appointment details to the complainant but complainant failed to
appear before concerned authority on given date and time and on the
request of complainant, applicant/accused assured that the work would
get done the next day. On 25.11.2023 when complainant alongwith
his associate approached him, complainant offered Rs. 4,000/- but the
applicant/accused demanded Rs. 300/- only, however, complainant
forcibly put money in his hand and immediately he was apprehended
by police. He has already suffered incarceration for about 41 days. It
is urged that it is a trap case and recoveries have already been affected.
It is urged that investigation qua him has already been completed and
no purpose would be served by keeping him behind bars.
It is urged by ld. Counsel for the applicant/accused
Surjit Singh that applicant/accused is neither named in the FIR nor
any allegations are made against him by the complainant. It is stated
that no complaint has been filed by the company PASCO LLP that any
false Speed Certificate has been provided by him. It is urged that he
has been in custody since 26.11.2023 and hence is in custody for the
past 40 days, recoveries have already been affected and no purpose
would be served by keeping him behind bars. It is accordingly prayed
that he may be granted bail.
Per contra, ld. Substitute Addl.P.P. for the State
opposed the bail applications by submitting that the allegations against
the applicants/accused persons are serious in nature. It is urged that
applicant/accused Kundan Kumar Yadav was caught red handed while
demanding and accepting bribe amount from the complainant in the
presence of panch witness. It is urged that on interrogation the
applicant/accused Kundan Kumar Yadav disclosed that he had been
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provided the requisite Certificate of Maximum Pre-Set Speed Limit
Test by co-accused Sachin Lamba and applicant/accused Sachin
Lamba disclosed that he had taken it from applicant/accused Surjit
Singh, employee of PASCO LLP (Tata Motors) and as such the
complete chain was established and all the applicants/accused persons
were arrested.
It is urged that mobile phones of applicant/accused
persons were recovered which indicated repeated communication,
sending documents over Whatsapp including SLD belonging to
complainant and details of payments between all the
applicants/accused persons. It is further urged that a desktop and
mobile phone of applicant/accused Surjit Singh were recovered and
the data reveals that SLD were prepared and passed on by him, in
form of PDF, to applicant/accused Sachin Lamba and the Letter Pads
and Stamps of the company were also provided by applicant/accused
Surjit Singh to applicant/accused Sachin Lamba, who was stamping
and doing signatures on the print-outs of SLD Certificates. It is
further urged that applicant/accused Surjit Singh was not depositing
the money earned on this aspect in the Accounts of the Company. It is
further urged that during PC remand of applicant/accused Sachin
Lamba incriminating material including 42 original RCs, Blank Letter
Pads, 17 stamps, diaries containing details of customers/owners/
drivers, 36 files almost bearing similar Speed Limit Certificates, 21
files etc. were seized at his instance. It is urged that there is
apprehension that applicants/accused persons may tamper with the
witness, if they are released on bail and as such a prayer is made that
bail ought not to be granted to the applicants/accused persons.
I have heard arguments and perused the record
including replies filed by the IO.
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The applicants/accused persons have been in custody
for the last about 40-41 days and recoveries have already been
affected. Considering the aforesaid as well as facts and circumstances
of the case, all three applicants/accused persons namely Sachin
Lamba, Kundan Kumar Yadav and Surjit Singh are admitted to bail on
their furnishing a personal bond each in the sum of Rs. 30,000/- with
one surety each in the like amount subject to following conditions :
(i) That applicants/accused persons shall join
investigation with the IO/SHO concerned as and when
required;
(ii) That applicants/accused persons 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 applicants/accused persons shall not misuse
the liberty of bail by indulging in commission of similar
offences in future;
(iv) That applicants/accused persons shall not leave the
country without prior permission of the Court;
(v) That applicants/accused persons shall intimate the
IO/SHO concerned in case of change of their addresses.
Accordingly, all three bail applications stand 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.
04.01.2024
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