RAKESH KUMAR PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Lav Srivastava, learned counsel for the applicant as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record.

(2.) This anticipatory bail application has been moved seeking bail in Case Crime No.218 of 2002 under sections 120B, 170, 420 IPC and Section 8 of the Prevention of Corruption Act, 1988, Police Station Motipur, District Bahraich, during the pendency of trial.

(3.) As per FIR, one complaint was made by Sri Rajendra Maheshwari of Awadh Wood Products, Assam Road, Mihipurwa, Bahraich who runs a factory for manufacturing of 'Kattha', before Lok Ayukta, U.P. to the effect that on 13.07.2000, the applicant, who was Public Relation Officer of Sri Ram Asrey Singh Kushwaha, Minister of Forest Department (co-accused) had called the complainant by communicating information through wireless that he was called at the guest house of PWD, District Bahraich. After receiving the said information, the complainant reached there and then the applicant told him that Minister Saheb was very annoyed with him, he should arrange Rs.2.00 lacs. Hearing this, the complainant showed his inability as his financial condition was not good. After sometime, his meeting was arranged with the co-accused i.e the Minister Saheb and then the Minister Saheb who had directly asked him to give Rs.2.00 lacs and when he showed inability, he threatened the complainant that his factory would be got closed. Thereafter, the complainant told him that he would talk to his partner and would try to arrange some money in two days time. Thereafter, after few days again, the applicant had telephoned the complainant in his factory stating him that Minister was very angry and he should quickly make payment of such amount, failing which he would face the same consequence as happened with Goyal Kattha Factory. Thereafter, the complainant met the Minister at his house at Park Road, Lucknow and there the Minister again demanded Rs.2.00 lacs directly and also told him that he was the Chairman of all the factories, therefore, he should arrange money to be given to the Minister Saheb. Subsequently, on 07.09.2000 at 5.30 p.m. while the Minister Sahab was going from Lakhimpur to Bahraich, he made inspection of the factory of the complainant wherein the co-accused i.e. Minister Saheb entered with other persons, who were from Administration, in the factory where the Minister was welcomed by the complainant. He again demanded Rs.2.00 lacs forthwith and when the same could not be paid, he showed displeasure and ordered the DFO to seal the record and transportation of raw material was also stopped from coming to the factory and the product of the factory was also restrained from going out. On 08.09.2000 one truck no. UP-78 N-5317 which was going from factory loaded with 'Kattha' to Kanpur was also halted at barrier. On this complaint, charge-sheet has been submitted against the applicant under the above-mentioned sections. The accused-applicant has appeared before this Court with a prayer that he should be granted anticipatory bail though in the affidavit filed in support of the anticipatory bail application, he has mentioned that he had moved a discharge application before the trial court and the same has been rejected by the trial court on 28.09.2019.