VIJAY SINGH DAHIYA Vs. STATE OF HARYANA (ACB)

JUDGEMENT

(1.) The petitioner seeks grant of anticipatory bail in a case arising out of above mentioned FIR.

(2.) The FIR was lodged at the instance of Rinku Manchanda wherein he alleged that he was running an educational institute under the name and style Gramin Shiksha since the last about 10 years and is a training partner under Haryana Skill Development Mission. The said Institute had been imparting training to children from poor families, in Computers, Air Conditioning, Beautician course etc. and in respect of which an amount of Rs.50.00 lacs was due to be paid to him by Skill Department, Panchkula but despite having been pursuing the same for the last about 3 years, the same had not been released to him. He met one Deepak Sharma, posted as CSO in the Skill Department, Panchkula in respect of the outstanding payments and said Deepak Sharma demanded a bribe of Rs.5.00 lacs for clearing the bills. Since the bills were not cleared, the said Deepak Sharma later told the complainant that in case he wanted his bills to be cleared quickly then he should contact a lady named Poonam Chopra who is an acquaintance of Vijay Singh Dahiya, IAS, Commissioner, Haryana Skill Department, Panchkula. The complainant accordingly met Poonam Chopra in Panchkula who told the complainant that she will speak to Vijay Singh Dahiya and will let the complainant know about the position. The complainant alleged that later the said lady told the complainant that she had spoken to Vijay Singh Dahiya and that an amount of Rs.5.00 lacs shall be required to be paid as bribe for clearing his bills and out of which she shall charge a share to the extent of 5%. The complainant agreed for the same. He also paid an amount of Rs.2.00 lacs to Poonam Chopra. The complainant asserted that Poonam Chopra had also forwarded WhatsApp messages of Vijay Singh Dahiya in respect of the bills which had been cleared wherein he had informed Poonam Chopra that he had cleared the payment files. The complainant alleged that Poonam Chopra told him that in case the remaining amount of Rs.3.00 lacs is not paid, then she would not allow the bills to be passed. The complainant had also recorded the audio-conversation between him and the aforesaid Poonam Chopra with respect to demand of bribe. Since the complainant did not wish to make the said payment, he reported the matter to the Vigilance Bureau on 20/4/2023.

(3.) It is further the case of prosecution that pursuant to receipt of aforesaid information, FIR was lodged and a trap was laid to catch Poonam Chopra red-handed. As planned, the accused Poonam Chopra was caught red-handed while accepting illegal gratification of Rs.3.00 lacs from the complainant in the parking area of Sector 9, Panchkula. During the course of her interrogation on 21/4/2023, she disclosed that she had been imparting training in vocational courses for training as Plumber, Electrician and Data Entry Operator under 'Pradhan Mantri Awas Yojana' since the last about 4 years and that it was during the said period that Vijay Singh Dahiya came to be known to her. She admitted that Rinku Manchanda had met her in respect of clearance of his bills and she had accordingly talked to Vijay Singh Dahiya for the same and a deal was struck for payment of Rs.5.00 lacs as bribe for clearing the bills and that she had already received Rs.2.00 lacs from the complainant and had called him on 20/4/2023 to pay the balance amount of Rs.3.00 lacs. It is further the case of prosecution that Poonam Chopra got an amount of Rs.2.00 lacs recovered from a drawer of a table from her office in Janakpuri, Delhi on 22/4/2023. Deepak Sharma C.S.O., Skill Department, Panchkula was arrested on 24/4/2023.