ABHAY KUMAR PANDEY S/O SHRI AKSHYAWAR PANDEY AT PRESENT ASSISTANT COMMISSIONER SALE TAX DEPARTMENT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) APPLICANT -Abhay Kumar Pandey, who is in jail in connection with FIR No. 09 of 2010, relating to offences punishable under Section 7, 13(1)(d) r/w Section 13(2) Prevention of Corruption Act, 1988, P.S. Vigilance Department Sector Haldwani, District Nainital, has sought his release on bail.

(2.) HEARD learned Counsel for the parties.

(3.) IT is pointed out that after rejection of first bail application P.W.1 Mohd. Yakoob (complainant) was examined on 04.01.2011, by the trial court who did not support the prosecution case that complainant gave amount to the present applicant. He further told the court that it was not the applicant Abhay Kumar Pandey from whom the amount was recovered by the Vigilance team. Similarly P.W.2 Ajay Rawat was examined by the trial court on 31.01.2011, who categorically stated before the trial court that no money was paid to Abhay Kumar Pandey (complainant) nor anything was recovered from him by the vigilance team. Not only this, even P.W.3 Laxman Singh who was examined by the trial court on 07.02.2011, also made similar statement that no amount was paid to the applicant nor anything recovered from him. All the three witnesses were got declared hostile by the prosecution.