RAJ KUMAR JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard. Perused the case diary.

(2.) This is first application under Section 438 of Cr.P.C. for grant of anticipatory bail. Applicant - Raj Kumar Jain S/o Fatelal Jain is apprehending his arrest in connection with Crime No.32/2016 registered at Police Station Special Police Establishment (Lokayukt), District Indore for the offence punishable under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act , 1988 along with Section 120-B of IPC.

(3.) The prosecution story in short was that applicant Raj Kumar Jain was posted in Customs Department as Superintendent on 31.05.2016. The complainant Vikas Sharma, a representative of LNR Global Trading Agency, which was a company involved in export of items, there was a requirement for verification of Indore office of this company from the Customs Department and the verification report was required to be sent by the applicant. The complainant when approached the applicant, bribe was demanded by him and other co-accused persons. The complainant not inclined to give bribe, lodged a complaint. Consequently, demand of bribe was recorded on voice recorder and trap was laid in which tainted currency was seized from the possession of two other co-accused persons. However, applicant was also made accused on the ground that he was involved in the demand of bribe and was present in the room when bribe was being taken by other co-accused persons, which showed his consent as he being the superior officer of those two co-accused persons.