RAMESH KUMAR MAHESHWARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks grant of concession of anticipatory bail in case bearing FIR No. 121 dated 15.07.2020 registered under Section 7 of the Prevention of Corruption Act, 1988 (for short 'the Act') at Police Station Kotwali, District Bathinda.

(2.) Learned Senior Counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the above noted FIR and the alleged audio which went viral on social media, is a doctored one and the prosecution has tampered with the same with a view to injuring and humiliating the petitioner. It is further submitted that the petitioner is ready to give his voice samples, which would bring the truth out and prove his innocence.

(3.) The FIR in this case has been registered on the basis of a complaint submitted to the police by the Civil Surgeon, Bathinda. The petitioner is a District Health Officer. The allegations against the petitioner are that he used to take illegal gratification from the Milk Sellers; Grocery Shops and Ghee Factories for not drawing samples from their shops and the shopkeepers who did not pay him such gratification, he would draw samples from their shops. In this regard, the alleged conversation of 11 minutes and 40 seconds of the petitioner with Dr. Satish Garg (Retired S.M.O. Tohana, Haryana), in the shape of audio recording, went viral on the social media. Thereafter, on the directions of the higher authorities of the Department, the complainant had sent a complaint to the Senior Superintendent of Police, Bathinda, in this regard. The said complaint was marked to the Superintendent of Police (Investigation) Bathinda, for investigation. A detailed inquiry was conducted and the same was found in line with the contents of the audio (CD). Accordingly, after taking legal opinion from the DDA, Legal Bathinda, the above noted FIR was registered by the Police.