INDRAVEER SINGH NEGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Sri Lokendra Dobhal, learned Counsel for the applicant and Sri Amit Bhatt, learned Addl. GA for the State.

(2.) AS per the prosecution case, the present applicant, being posted as Media Assistant at UPCL, Urja Bhawan, Dehradun was nabbed on 10.2.2010 at about 1:50 PM at his office while demanding and accepting Rs. 4,000/ - as illegal gratification. The allegation against the applicant is that he was demanding money as illegal gratification in lieu of releasing the cheque of pending amount of Rs. 1,25,000/ -of the complainant Shivam Aggarwal, due to which the complaint was made by the complainant to Vigilance Department, on which the above proceedings were initiated. The necessary formalities for conducting the trap, as provided under the Act, were also been carried out.

(3.) AFTER considering the above -said facts and circumstances, on hearing learned Counsel for the parties, contents of the FIR and other papers available on record particularly considering the fact that the applicant was nabbed on the spot while demanding and accepting the illegal gratification of Rs. 4,000/ - in presence of two independent witnesses, namely, Minhajul Haq and Sunder Singh, as well as looking to the gravity of offence, it is not a fit case where the applicant is entitled for bail.