SUNIL DUTT Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Anurag Khanna, learned Senior Counsel assisted by Shri Ronak Chaturvedi, learned counsel for the applicant and in opposition Shri Gyan Prakash, learned Senior Counsel assisted by Shri Sanjay Kumar Yadav, learned counsel for C.B.I. and Shri G.P. Singh, learned A.G.A. for the State of U.P.

(2.) By way of instant bail application, prayer has been made on behalf of the applicant to enlarge the applicant on bail in RC No. 2172019A0001, under Section 120B of the Indian Penal Code, 1860 (for short " IPC ") read with Section 7(c) , 7-A and 8 of the Prevention of Corruption Act, 1988 (for short "Act, 1988"), Police Station - SPE/CBI/ACU-VI, New Delhi.

(3.) As per first information report dated 02.02.2019 lodged by Shri Ajay Kumar, Superintendent of Police, ACU-VI/AC-II/New Delhi, reliable information was received that co-accused Virendra Singh Rathore @ V.S. Rathore, Inspector, C.B.I., A.C.B., Ghaziabad on deputation from Uttar Pradesh Police, accused-applicant Sunil Dutt, Assistant Sub-Inspector, C.B.I. Academy, Ghaziabad were indulging in illegal and corrupt practices. The other co-accused Ranbir Singh, posted as tehsildar in U.P. Administration was a suspect in Yamuna Expressway Industrial Development Authority (for short "YEIDA") Land Scam cases registered at Police Station - Kasna, District - Gautam Budha Nagar and the investigation of YEIDA case was learnt to be under the process of transfer to C.B.I. by the Government of U.P. Co-accused Ranbir Singh entered into a conspiracy with co-accused V.S. Rathore, the accused-applicant and unknown officials of the U.P. Police, in order to obtain undue relief for himself and other suspected accused from the U.P. Police. Three accomplices of co-accused Ranbir Singh surrendered themselves and joined the investigation a few days ago. In lieu of obtaining relief for them from custodial harassment, co-accused Ranbir Singh has already paid an illegal gratification to the tune of Rs. 10 Lakhs on demand on 31.01.2019 to co-accused V.S. Rathore and accused-applicant, who are learnt to be managing the investigation of the case with the help of unknown officials of U.P. Police. In the same case, in lieu of showing nil recovery report in respect of the accomplices of co-accused Ranbir Singh during their police remand, co-accused V.S. Rathore and the accused-applicant have demanded illegal gratification to the tune of Rs. 25 Lakhs from co-accused Ranbir Singh for managing the aforementioned YEIDA cases in favour of the accused by influencing unknown officials of the U.P. Police and others and that co-accused Ranbir Singh had agreed to pay Rs. 20 Lakhs as illegal gratification to co-accused V.S. Rathore and the accused-applicant. It was also informed that one Shri Y. Tomar, resident of Sainik Farm, Delhi is in possession of large amount of money belonging to co-accused Ranbir Singh, which he was due to collect from him and would deliver the same to co-accused V.S. Rathore and the accused-applicant on 02.02.2019.