PARAMJEET Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THIS is an application under Section 439 of the Code of Criminal Procedure, 1973 filed by the petitioner for grant of bail in case FIR No.152/2013, under Section 419/420/467/468/471/120 -B IPC PS Crime Branch.

(2.) AS per the allegations in the FIR, secret information was received in SOS office that Pradeep and Devender were recruiting drivers and conductors on the basis of fake conductors' licence -cum -badge and fake driving licence after charging huge amount. On this information, a raid was conducted. Decoy customers were deputed for being recruited as drivers and conductors. A trap was laid. Pradeep and Devender demanded Rs. 70,000/ - for conductor's post in cluster bus service and Rs.40,000/ - were demanded for the driver's post and as per deal, part payment was made to Pradeep as advance money. Devender handed over fake conductor's licence and first aid certificate to the decoy customer and Pradeep handed over the fake driving license to the second decoy customer. On signal from decoy customers, Pradeep and Devender were apprehended and fake documents handed over by them to decoy customers were seized. The numbered notes were also recovered from the possession of Devender and Pradeep. During the course of investigation, the above stated accused Devender disclosed that he got prepared the fake driving license, conductor and first aid certificate from one Amarjeet. Accused Pradeep disclosed that he got prepared driving license from one Chandra. Amarjeet was arrested. Accused Pradeep and Devender also disclosed about the involvement of applicant/accused Paramjeet @ Sanjay Dahiya. They disclosed that accused Paramjeet @ Sanjay Dahiya charged Rs. 36,500/ - per recruitment of conductor and that more than 85 conductors were recruited through applicant/accused and as per disclosure statement, about 40 conductors were recruited on fake conductor's license cum badge and first aid certificates.

(3.) IT is submitted by learned counsel for the accused that the accused has been arrested only on the basis of disclosure statement of co -accused, which is inadmissible in evidence. Vide letter of award dated 28th March 2011, M/s Prehari Protection System (P) Ltd. was selected as a successful bidder by Delhi Integrated Multi Modal Transit System Limited (DIMTS) for providing fare collection and related services in operation of private stage carriage buses and the main job of the company was to provide the conductors to the said DIMTS. The applicant is not the Assistant Director but as per the letter of appointment, he is only Assistant Manager. He was never involved in the recruitment of conductors of DIMTS and in fact the applicants applied for the post of conductor on the prescribed format and they were selected as per the requirement of DIMTS. He is in custody since 09 th September 2013. Nothing has been recovered from the possession of the applicant. He has been falsely implicated in this case as such he be released on bail. Reliance was placed on Anil Mahajan vs. Commissioner of Custom, 2000 (84) DLT 854 wherein the legal position regarding grant of bail was summarised. The main emphasis was placed on c, d and n.