SANJAY KAPOOR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner seeks grant of anticipatory bail in a case registered vide FIR No. 19 dtd. 15/6/2022 under Ss. 7, 7-A, 13(1)-B of the Prevention of Corruption Act, 1988 and under Ss. 384, 467, 468, 471/120-B IPC at Police Station SVB, Faridabad, District Faridabad (Haryana).

(2.) The FIR was lodged at the instance of Sudhir Vasudev wherein it is alleged that he is working as a Contractor and was undertaking construction in Faridabad, which was almost at final stage. The complainant alleged that one Sanjay (petitioner) approached him and told him that he had been sent by Junior Engineer and by the S.D.O. and that he looks after the work of Municipal Corporation, Faridabad (MCF) and that the complainant will have to pay an amount on the basis of the slabs constructed by him. The said person, while issuing threats, forced the complainant to give a cheque for an amount of Rs.50,000.00 to him and an amount of Rs.1.5 lacs in cash. It is further alleged that subsequently after about two days, an employee of the MFC namely Yogesh came and told the complainant that the building would be demolished and asked the complainant to speak to Kapil, J.E. over phone. It is alleged that Kapil, J.E. demanded an amount of Rs.5.00 lacs. The complainant, however, said that he could pay only Rs.3.00 lacs and that as on the said date, he will pay Rs.1.00 lac while the balance would be paid later.

(3.) The complainant did not wish to give bribe and he reported the matter to the Vigilance Bureau. A trap was laid and Yogesh was apprehended by the police and tainted currency notes of an amount of Rs.1.00 lac were recovered from his possession. Said Yogesh was made to call Kapil, J.E. on telephone and when the call was made, Kapil J.E. asked Yogesh to make a Whatsapp call. When the Whatsapp call was made, the same was put on speaker phone and the conversation was recorded in another apparatus and during the conversation, Kapil J.E. asked Yogesh to hand over the amount on the next day to him.