DHARAMPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri V.P. Srivastava and Sri Mohit Singh learned Counsel for the applicant and learned A.G.A.

(2.) THIS application is filed by the applicant with a prayer that the applicant may be released on bail in case Crime No. 182 of 2005, under Sections 7/13(1) (d) read with Section 13(2) of Prevention of Corruption Act, P.S. Sardhana, District Meerut.

(3.) ACCORDING to prosecution version one Rajpal made a written complaint to S.P. Vigilance Department, Meerut on 14 -6 -2005 alleging therein that the applicant being Lekhpal is realizing bribe at the pretext of measuring the cattle -field, and he has demanded a sum of Rs. 500/ -as bribe from the complainant for sending the report in his favour, with regard to his possession, because he has constructed a house about four or five years back. The applicant was saying that the house was constructed in a cattle -field, the land of Gaon Sabha. The complainant has given an application to S.D.M., Sardhana, Meerut on 7 -6 -2005 against the applicant that he was demanding a sum of Rs. 500/ -as bribe and was threatening that in case the aforesaid amount is not given to him the correct measurement will not be done. Consequently, the complainant has accepted the demand of the applicant and he has given a promise to give him the same amount on 15 -6 -2005. On the basis of the application dated 14 -6 -2005 given by the complainant, the S.P. vigilance department, Meerut constituted a team, in that team two independent witnesses namely Raj Kamal Gupta, Assistant Engineer, Minor Irrigation and Sri Vipin Kumar Pathak, Senior Assistant were also included. The above mentioned independent witnesses were provided by C.D.O., Meerut in persuance of the order passed by District Magistrate, Meerut. The team was headed by the first informant Sri B.P.S. Malik, Dy. S.P. Meerut. On 15 -6 -2005 the trap team, the independent witnesses and complainant assembled at the office of the S.P. vigilance, Meerut at about 10.00 a.m. All the members of the trap team were apprised about the trap and a currency note of Rs. 500/ -was given by the complainant to the first informant. On that note he had made his initial and that was tainted by phenolphthalein powder. The fard of that note was prepared. Thereafter, the same was handed over to the complainant with a caution that on demand of bribe the same note would be given to the applicant. Thereafter, the complainant kept that note in his left pocket of the shirt. Thereafter, the hands of the first informant and complainant were washed by sodium carbonate, which was converted into pink colour. The sample of that solution was taken, and was properly sealed and signed. Thereafter, the trap team along with witnesses the complainant proceeded from Meerut to Nagar Palika Compound, Sardhana by a vehicle Tata Spacio No. UP -30 -BG -0088 where they reached on 15 -6 -2005 at 12.30 p.m. The search of each other member of the team was taken but nothing incriminating was found. Thereafter, the trap team was divided into two parts. The first part was headed by the first informant and its members were Sri Raja Ram Nagar, Dy. S.P. vigilance Constable Nand Ram Yadav and witness Raj Kamal Gupta. The members of second party were Inspector Kamal Singh, Inspector Naresh Chandra Verma, Constable Jai Singh, witness Vipin Kumar Pathak and the complainant Raj Pal. At about 1.00 p.m. the applicant came from the north gate of the Nagar Palika office and had a conversation with complainant Raj Pal in the veranda of the office the complainant asked the applicant for doing the measurement and he stated that as per promise given by him he has brought Rs. 500/ -and had made a request to do the work by way of doing measurement. Thereafter, a note of Rs. 500/ -was taken out from the pocket and given to the applicant. The same note was kept by the applicant in the pocket of his shirt. The conversation made between the complainant and the applicant was heard by the members of the trap team and saw the transaction of that money. Thereafter, the first informant has given a introduction and the applicant was caught red handed. From his possession the same note of Rs. 500/ -was recovered which was the same note bearing the correct number as already written in its fard and it was having the signature of the first informant. Its recovery memo was prepared and the note kept in an envelop and the hands of the complainant and the applicant were washed by a sodium carbonate which has given a pink colour. Its sample was also sealed and from search of his shirt a sum of Rs. 1000/ -, one duty card, photo prapatra No. 2 were recovered. The shirt of the applicant was also put off which was also sealed in a bundle.