PAWAN KUMAR LAKHOTIA Vs. STATE OF CHATTISGARH

JUDGEMENT

(1.) - The applicant has preferred this application under Section 439 of Code of Criminal Procedure for grant cf bail as he is arrested in connection with cr. No. 0/07 registered in Police Station anti-Corruption Bureau, Raipur for the offence punishable under Section 12 of the prevention of Corruption act, 1988 (for brevity 'the Act of 1988' ).

(2.) ALLEGATION against the present applicant is that complainant Shri Tarachand sahu, Member of Parliament from Durg, had lodged various complainants against theft of pure steel from Bhilai Steel Plant on the pretext of lifting scrap. On the basis of complaint of Shri Tarachand Sahu that present applicant-contractor Pawan Kumar lakhotiya has approached him with the offer of bribe, a trap was laid on 3. 8. 2007 by the Anti-Corruption Bureau after registering the offence under Section 12 of the Act of 1988 and exchange of bribe money was duly recorded by mobile video and talks between the complainant and the applicant pawan Kumar Lakhotiya was also recorded.

(3.) LEARNED Senior Counsel Mr. Ravish agrawal appearing for the applicant submitted that allegation against the applicant is that he offered bribe to the Member of parliament to deter him from discharging his duties as a public servant to induce him to withdraw the complaint, which he had lodged regarding theft of 100% pure steel from Bhilai Steel Plant on the pretext of lifting scrap. However, the allegation of the complaint on the face of it, is improbable and false as it is common knowledge that once a complaint with respect to charges of corruption is made before the authorities, withdrawal of the same by the complainant is immaterial and of no consequence.