ANIL KUMAR Vs. GNCT OF DELHI

JUDGEMENT

(1.) The present bail application has been preferred under Section 439 Cr.P.C. to seek regular bail in case First Information Report (FIR) No.15/2015 registered at Police Station (PS) Anti Corruption Branch (ACB), Civil Lines under Sections 7/ 13 of the Prevention of Corruption Act (PC Act) read with Sections 34/120-B/201 I.P.C.

(2.) The aforesaid FIR has been preferred on the complaint of one Javed S/o Khalil, who stated that he is running business of sale & purchase of used cars from Darya Ganj. ASI Amar Singh, HC Anil Kumar the applicant, and the Constable Sarvan, were posted at PS Sonia Vihar. They were creating troubles for him by claiming that he was running an illegal business. Javed stated that he was being threatened with arrest in some cases. On 30.04.2015, at 08:30 p.m. Constable Sarvan came to the office of Javed and demanded Rs.20,000/- from him for not arresting him in a case. Javed claims to have replied that he was having only Rs.10,000/- and he told Sarvan that the remaining amount would be given in the presence of Amar Singh and HC Anil Kumar the applicant. On this, according to Javed, Sarvan left the workshop after receiving Rs.10,000/- by saying that on 01.05.2015 the complainant should reach near Balaji Properties, Near Traffic Light, Bhajanpura at 04:00 p.m. with the remaining amount. The complainant stated that he was against corruption. He stated that he did not have any personal enmity with ASI Amar Singh, HC Anil Kumar the applicant, and the Constable Sarvan and he had no monetary transaction with them. He stated that he was giving the money under compulsion. The complainant claimed that he had recorded the voice of Constable Sarvan in his mobile phone and in the conversation, Constable Sarvan had asked the complainant to bring the remaining amount of Rs.10,000/- on the following day because HC Anil Kumar and ASI Amar Singh had demanded their share from the amount. He produced Rs.10,000/- comprising of 10 notes of Rs.1,000/- each and he demanded legal action be taken against the three persons.

(3.) As per the FIR, the panch witness Sh. Raj Prakash working as Assistant Secretary II, Delhi Agricultural Marketing Board, Government of National Capital Territory of Delhi (GNCTD), Institutional Area, Pankha Road, Janakpuri, New Delhi signed the said complaint. Thereafter, the preraid proceedings were drawn up; the Phenolphthalein powder was applied on the GC notes and its test was explained to the complainant and the panch witness by giving a demonstration, and the complainant was instructed to remain close to the panch witness, so that he is able to see and hear the transaction of giving and acceptance of bribe amount. The complainant was instructed to give the money only upon the demand, and not otherwise. The panch witness was also instructed that upon satisfaction that the bribe amount has been accepted by the accused on demand, he should raise his right hand over his head to give a signal to the raiding party. The Raid Officer along with his team left the ACB at 04:00 p.m. At about 04:45 p.m., the Raid Officer with his staff reached near Balaji Properties at a distance of 100 metres from the Traffic Light. The complainant and the panch witness were sent ahead with suitable instructions, while the Raid Officer and the other members of the raiding party followed them from some distance. At about 04:45 p.m. the complainant and the panch witness entered the plot of Balaji Properties and at about 05:00 p.m. the panch witness came out and gave the pre-planned signal. On receipt of the signal, the Raid Officer and the other members of the raiding party immediately rushed to, and reached the spot where the complainant and the panch witness were present. The complainant pointed out towards a person whose name was later revealed as Anil Kumar the applicant. The complainant stated that the applicant is an associate of Sarvan and Amar Singh.