LAWS(P&H)-2023-1-65

PARVEEN KUMAR Vs. STATE OF HARYANA

Decided On January 30, 2023
PARVEEN KUMAR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The petitioner seeks grant of anticipatory bail in a case registered vide FIR No. 12 dtd. 8/10/2022 under Ss. 7, 7-A, 13(1)(b) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 and under Ss. 201/120-B IPC at Police Station State Vigilance Bureau, Panchkula, District Panchkula (Haryana).

(2.) The FIR was lodged at the instance of Akhtar wherein the complainant stated that he is into transport business under the name and style of M/s Raval T.C. and his fleet includes three vehicles bearing registration numbers of Haryana and which were being plied for transporting sand/pebbles from Yamuna Nagar to Shamli (Uttar Pradesh). It is alleged that in August, 2022, he met Subhash, RTA, Karnal, having additional charge of RTA, Karnal, for the purpose of plying overloaded vehicles. Said Subhash told him that the complainant would have to pay some extra money for the same and introduced him to an employee in his office, who did not disclose his name but told the complainant to meet his tout Neeraj Gulati or Ankit Garg, both of whom were looking after the area of Yamuna Nagar. Sandeep was stated to be looking after the area of Karnal. Thereafter, when the complainant met Neeraj Gulati, he was told that the complainant would have to pay Rs.9,000.00 per month in respect of the vehicles registered in Haryana i.e. Rs.27,000.00 for three vehicles. Accordingly, he gave an amount of Rs.27,000.00 to Neeraj Gulati for the month of August. Thereafter, he paid Rs.18,000.00 on the mobile phone number of Neeraj Gulati through PhonePe for the month of September and another Rs.9,000.00 through cash. The complainant stated that he is having a total five vehicles including one vehicle bearing registration number of Uttar Pradesh and when he talked to Sandeep for permitting him to ply overloaded vehicles from Karnal, he demanded an amount of Rs.50,000.00 per month for plying five vehicles. The complainant alleged that he made payment of an amount of Rs.20,000.00through PhonePe on the mobile phone of said Sandeep. Subsequently, when the complainant again met Neeraj Gulati, he asked for an amount of Rs.50,000.00 for five vehicles and consequently, the complainant transferred an amount of Rs.20,000.00 through PhonePe and promised to pay another Rs.30,000.00 later. Subsequently, when the complainant met Ankit Garg, he said that plying an overloaded vehicle bearing Haryana registration number will cost Rs.9,000.00 per month and a vehicle bearing U.P. registration number will cost Rs.15,500.00 per vehicle and that out of the said amount, he himself will be pocketing Rs.500.00 and the remaining would be passed on to the RTA Office. The complainant said that he had been called to Yamuna Nagar to pay an amount of Rs.40,000.00. Since the complainant did not want to pay the same, he reported the matter to the Vigilance Bureau. A trap was accordingly laid and Ankit Garg was caught red-handed while accepting a bribe of Rs.40,000.00 from the complainant.

(3.) It is further the case of prosecution that the complainant, thereafter, contacted Neeraj Gulati who asked him to meet him at Jail Chowk, Jagadhri and where the police was able to apprehend Neeraj Gulati alongwith his accomplice Manik @ Lovely. During the course of investigation, they suffered disclosure statements admitting their guilt. Ankit Garg got recovered bribe amount of Rs.4.00 lacs and Neeraj Gulati got recovered an amount of Rs.46,000.00. Ankit Garg got recovered another amount of Rs.57,000.00 from his bank account. Neeraj Gulati is stated to have recovered one diary. Ankit Garg also got recovered a register having accounts. Co-accused Sandeep was arrested on 12/10/2022 and who got recovered an amount of Rs.17.00 lacs, a diary, slip pad and some paper slips. Subhash, RTA, Yamuna Nagar was arrested on 15/10/2022 who got recovered an amount of Rs.29,98,500.00 from his official accommodation at Jagadhri, Yamuna Nagar. Sunil Kumar was arrested on 20/10/2022 who also got recovered bribe amount of Rs.5.00 lacs kept in his Creta car and later got another amount of Rs.1.5 lacs recovered. On 28/10/2022, another accused Ramit Yadav, DTO, Ambala was also arrested who got recovered several mobile phones and an amount of Rs.10,24,000.00. Inspector Jasmer Singh, MVO, DTO Office, Karnal was also arrested who got recovered an amount of Rs.2.00 lacs. On 7/11/2022, Ranjeet Singh, Driver was arrested who suffered disclosure statement and got recovered an amount of Rs.1.00 lac. On 15/11/2022, another accused EASI Darshan Singh was arrested who got recovered an amount of Rs.1.5 lacs.