(1.) Heard Mr. Sarvesh Agarwal, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State. In brief, the prosecution case is that complainant Mahendra Kumar moved an application to Vigilance Department, Haldwani to the effect that the present accused/applicant, while working as a public servant in State Insurance Dispensary Jagatpura, Rudrapur, Udham Singh Nagar was demanding Rs.3,000/- as bribe to forward his medical papers. On this information, a vigilance team was formed and on 26.8.2010 at 12:15 PM, the team headed by Arvind Dangwal, Inspector, Vigilance Department, Nainital, arrested the present accused/applicant red handed from his office while demanding and accepting the bribe money of Rs.3,000/- from the complainant.
(2.) Learned counsel for the accused/applicant argued that the applicant is an innocent person and has falsely been implicated in the case. He further argued that the trap was not organized as per rules.
(3.) Contrary to above, learned Addl. GA for the State while opposing the bail application of the applicant/accused very strongly argued that the present applicant being a public servant, demanded a sum of Rs.3,000/- as illegal gratification and was caught red handed while accepting the bribe of Rs.3,000/- from the complainant. He further argued that the trap was laid in the presence of two independent witnesses. He further submitted that the trap was laid as per rules. Hence, he prayed for rejection of the bail application.