DEVENDER KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The accused/applicant, posted as Head Constable in Delhi Police, seeks anticipatory bail in case FIR No.04/2025 of PS Vigilance for offence under Sec. , 7 Prevention of Corruption Act and 61(2), Bharatiya Nagarik Sanhita (BNS). Reply/status report was filed on behalf of respondent, strongly opposing the anticipatory bail application. I heard learned senior counsel for accused/applicant and learned APP for State, who took me through record.

(2.) According to prosecution case, on 15/4/2025 at about 11:00am, one Kalu, a Bad Character (BC) of PS Nihal Vihar appeared before the Vigilance Officer of the Delhi Police, and complained as follows.

(3.) During arguments on this anticipatory bail application, learned senior counsel for accused/applicant contended that at the most the offence alleged against the accused/applicant and HC Manoj is extortion, but not under the Prevention of Corruption Act. Learned senior counsel contended that prosecution case suffers unexplained delay in lodging the complaint, in the sense that according to the same, Kalu received threat and money demand on 30/3/2025 but he lodged complaint only on 15/4/2025. Since the accused/applicant joined investigation as and when called, and now nothing has to be recovered from him, it is a fit case to grant anticipatory bail. Learned senior counsel also argued that issuance of non-bailable warrants against the accused is no ground to deny indulgence, if otherwise case for anticipatory bail is made out, as held in order dtd. 13/5/2022 of a coordinate bench of this court in Bail Application No.143/2022 titled Ashish vs Central Bureau of Investigation.