RAM MAHESH YADAV Vs. STATE

JUDGEMENT

(1.) The petitioner seeks anticipatory bail in the case registered against him under section 7/ 13 of Prevention of Corruption Act. I have heard the learned Counsel for the petitioner and the learned Prosecutor and also looked into the F.I.R. It is true that there are accusation that the petitioner who is a Patwari with the D.D.A. demanded from the complainant a sum of Rs. 5.000.00 in the form of bribe for not demolishing his flower shop situated at flower mandi, Lado Sarai, Delhi. The reading of the entire F.I.R. indicates that such demand was never made by the Patwari directly from the complainant but through one Brahm Singh, security guard of D.D.A. who would approach the complainant and ask him to talk to the patwari in connection with aforesaid demand. The F.I.R. further speaks that once the complainant was confronted with the petitioner who agreed to accept Rs. 2000.00. There is no evidence on record to suggest that if the complainant had ever seen the petitioner earlier or had ever known that he was employed as Patwari in the D.D.A. In other words, the F.I.R. does not speak in unequivocal words that such bribe was given to the petitioner. It is not a case where trap was laid and the petitioner was arrested on the spot receiving bribe of Rs. 2000.00. Everything seems to have happened through a mediator. Since the complainant had ever come across the petitioner earlier nor he had seen him by face, nor did the petitioner ever demanded money from the complainant directly, possibility of the Patwari being exploited cannot be ruled out. Somebody might be trying to extort money from the complainant bringing the petitioner into picture. The bribe money was never recovered from the petitioner.

(2.) For all these reasons I am of the opinion that it is a fit case where the petitioner should be granted anticipatory bail, there being no direct evidence against him taking bribe of Rs. 2000.00. In the event of the arrest he shall be released on bail on his executing a personal bond in the sum of Rs. 10.000.00 with one surety in the like amount to the satisfaction of the investigating officer. He shall, however, join investigation as and when desired by the investigation officer. Application Allowed.