SH. G. PURSHOTTAM Vs. CBI

JUDGEMENT

(1.) By this present petition filed under Section 438 Criminal Procedure Code (hereinafter referred as Cr.P.C) the petitioners seeks Anticipatory Bail in RC No. 05 (A)/2017/CBI/AC-III/New Delhi under Section 120-B IPC, Sections 7, 8, 12, 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 (herein referred as PC, Act) registered at New Delhi, Police Station-AC-III against Lt. Col R.S Moni and Others by CBI Anti-Corruption-III, New Delhi.

(2.) The brief and necessary facts of the case are that the case in hand is a case of bribery to secure favourable posting. The petitioners are Central Government employees and are employed with Military Engineering Service (MES) under the Ministry of Defence. The petitioners entered into a criminal conspiracy to procure favourable transfer/posting on payment of illegal gratification. In furtherance of said criminal conspiracy, the petitioner Subash, who is a Barrack Store Officer, paid a sum of Rs. 5 lacs with the help of Purshottam through hawala transaction to Gaurav Kohli out of which 2 lacs was transferred to Lt. Col. R.S. Moni for obtaining favourable posting order for Subash BSO.

(3.) Contention advanced by Mr. Santosh Kumar, learned counsel for the petitioner Subash is that the petitioner has been falsely implicated in alleged case of bribery to secure favourable posting; that the petitioner received his posting order to Porbander (Gujarat) in the month of April/May; that the petitioner submitted an application through proper channel for change of his posting on children's education ground; that the CBI officials conducted a search in his residence as well as in the office of the applicant but no cash or any other incriminating material was seized by the CBI officials during the search; that the petitioner fully co-operated with the CBI officials during the search and investigation.