RAJEEV SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Bhupendra Pal Singh, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State and perused the record.

(2.) This application under Section 438 Cr.P.C. has been moved seeking anticipatory bail in Case Crime No. 299 of 2019, under Sections 7, 13(1)B, 13(2) of Prevention of Corruption Act, Police Station Banna Devi, District Aligarh.

(3.) As per the F.I.R. the prosecution case is that a complaint was made against the applicant by one Gaurav Sharma S/o Vinod Kumar Sharma of Aligarh in respect of the unknown property beyond his known sources of income, pursuant to which an enquiry was held into this matter and in the check period beginning from 01.01.2005 to 31.07.2014 the income from all known sources of the accused was found to be Rs. 12,18,880/- and during the same period he was found to have purchased properties and made expenditure of Rs. 33,79,698/- therefore, a huge amount was found to have been earned disproportionate to his all known sources of income, regarding which the accused could not give satisfactory reply. Further it was also found in the inquiry that the accused Lekhpal, Rajiv Sharma had demanded Rs. 7,00,000/- from one Sri Shakil Pradhan, Talaspur Khurd, Tehsil Kol, District Aligarh in lieu of executing Patta in favour of poor people of the village out of which the said Pradhan had given 4.80 lakhs in room of a hotel which was booked in the name of his friend Ravi Thakur by taking Rs. 1,00,000/- from Udai Singh, Rs. 2,00,000/- from Md. Aslam and Rs. 1.80 lakhs from his own resources and thereafter after sometime, the applicant further demanded the remaining amount of Rs. 2.20 lakhs which was later on credited in the account of the applicant. These facts have been substantiated by Shakil Pradhan and his friend H. S. Jagdish and Ravi and also the hotel manager Sonpal Srivastava.