BIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case F.I.R. No. 132 dated 13.6.2004, under Section 12 of he Prevention of Corruption Act, 1988, registered at Police Station Sadar, Thanesar, District Kurukshetra.

(2.) THE allegations against the petitioner are that he has repeatedly approached constable Suresh Kumar and offered to pay a sum of Rs. 30,000/- per month for being paid to the Superintendent of Police of Kurukshetra and on that basis the present F.I.R. has been registered, which has been reproduced in the petition. Learned counsel for the petitioner submits that no independent witness has been examined by the police and the petitioner was arrested on 13.6.2004 and he is in custody since then. The counsel further submits that the trial is likely to take a long time and no offence under Section 12 of the Prevention of Corruption Act, 1988 as alleged in the F.I.R. has been committed by the petitioner and he has been falsely implicated in the present case. Learned State counsel submits that challan has been presented in the Court and that the allegations against the petitioner are that he has abetted the offence under Section 7 of the Prevention of Corruption Act, 1988 as he has tried to bribe the Superintendent of Police, Kurukshetra by repeatedly offering to deliver a sum of Rs. 30,000/- per month and, therefore, he has committed a serious crime and is not entitled to the concession of bail.