JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of the present petition preferred under Section 439 of the Code of Criminal Procedure praying for grant of regular bail to the petitioner in FIR No.1 dated 25.2.2014, under Sections 7, 13 (2) 88 of the Prevention of Corruption Act, registered at Police Station Vig. Bureau Flying Squad -I, Punjab, Mohali.

(2.) BRIEF facts are that the FIR in question was registered against the present petitioner who is serving as Assistant Sub Inspector with Punjab Police on the allegations that Dalwinder Singh had submitted an application with D.S.P. Vigilance Bureau to the effect that a case of rape had been registered against some boys and the present petitioner was the Investigating Officer in such case. Dalwinder Singh had further alleged that the petitioner had been making phone calls to him and had been threatening him to involve his son Kanwaljit Singh in the rape case and, accordingly, was demanding a sum of Rs. 3 lacs. Further allegation is that complainant Dalwinder Singh met the petitioner and furnished an assurance that the first instalment towards bribe money of Rs. 1 lac would be paid on 25.2.2014. Information was stated to have been passed on by Dalwinder Singh to the Vigilance Bureau. Statement of Dalwinder Singh was recorded by Inspector Veer Pal Kaur and a plan was prepared and by sending ruqa to the Police Station, formal FIR was got registered. Thereafter, a trap was laid and the petitioner was apprehended while allegedly accepting illegal gratification of Rs. 1 lac from complainant Dalwinder Singh and in the presence of shadow witness, namely, Sitar Mohd. The tainted currency notes of anamount of Rs. 1 lac are stated to have been recovered from his possession and the petitioner has been in custody since 25.2.2014.