SUSHEEL KUMAR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of an anticipatory bail application filed on behalf of the petitioners under Section 438 Cr.P.C. in case FIR No.290 dated 04.12.2011 under Sections 342/387/506/120-B IPC and 7/13 of Prevention of Corruption Act, 1988 registered at Police Station Sector-31, District Faridabad.

(2.) The aforesaid case has been registered at the instance of Superintendent of Police, Faridabad on an information received from Deputy Superintendent of Police (Crime), Faridabad through Letter No.486/T dated 25.11.2011 that about three months ago, the officials posted at CIA Staff, Sector 30, Faridabad namely ASI Dalbir Singh-No.28, Sushil Kumar-No.240, Constable Subhash Chander-No.3199, Constable Kuldeep Singh No.1424 contacted Sewak resident of District Palwal. Sewak is brother-in-law of Dalbir Singh and is a person of criminal nature. Sewak got arrested one unknown criminal whom he knew before along with two other persons. The petitioners apprehended three persons and put them in car and took them to Sector 30 Police Lines and gave them threats to implicate them in false cases and further threatened them to get them arrested by concerned police. In this manner, they extorted huge amount of money in lacs through Sewak and distributed among themselves. Investigation in this regard was carried out by the Investigating officer (CIA) and Dy. Superintendent of Police (Crime), Sector 30, Faridabad. The alleged facts were found to be correct. The petitioners police officials admitted their guilt in writing that they all five came to police line Sector 30 by Government vehicle and by giving threats to falsely implicate and under threat to get arrested by concerned officials, they extorted huge amount of money in lakhs through Sewak and divided the same among themselves. The above mentioned police officials by detaining unknown criminals in illegal detention and by misusing their official position being police officers/officials, committed offence by extorting huge amount of money and had tarnished the image of the police.

(3.) So the case under the provisions of Indian Penal Code and Prevention of Corruption Act was registered.