LAWS(UTN)-2020-2-72

KIRAN PAL SAINI Vs. STATE OF UTTARAKHAND

Decided On February 20, 2020
Kiran Pal Saini Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) This First Bail Application has been filed for grant of regular bail in connection with Case Crime No.04 of 2018, registered with Vigilance Establishment Sector Dehradun, District Dehradun for the offences punishable under Section 7/13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ' the Act, 1988').

(2.) Facts, to the limited extent necessary are that a complaint was given by the complainant-Shyam Narayan Yadav, Technical Officer of Mohammedpur Bujurg Kisan Sewa Sahakari Samiti Ltd. to the Superintendent of Police, Vigilance Sector, Dehradun, complaining unlawful conduct of the applicant-accused demanding illegal gratification of Rs.38,000/- in order to make clear balance dues of the complainant for the period of his suspension. Thereafter, the Superintendent of Police, Vigilance made an inquiry of the complaint through his subordinate officer and passed an order to constitute a trap team in the leadership of the Inspector Prakash Singh and in compliance of the order passed by Superintendent of Police, Vigilance, a trap team was constituted and trapped the applicant/accused red handed with Rs.38,000/- as the said amount was given by the complainant to the applicant/accused on 05.07.2018 as gratification. The said amount was received by the applicant/accused which was mixed with phenolphthalein powder.

(3.) Heard Mr. Aditya Singh, learned counsel appearing for the applicant/accused and Mr. Saurabh Pandey, learned Brief Holder for the State of Uttarakhand.