JAGTAR SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) This petition has been filed under Section 439 Cr.P.C for grant of regular bail to the petitioner in case FIR No.9 dated 23.07.2015 registered under Sections 7, 13(2), 88 of the Prevention of Corruption Act read with Sections 186, 353 and 323 of the Indian Penal Code registered at Police Station Vigilance Bureau, Ludhiana.

(2.) Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case because of enmity between the parties and nothing was recovered from him. The allegation of money has been levelled by showing that it was recovered from the pocket of the petitioner, whereas, the petitioner protested and a scuffle took place between him and the Vigilance persons. He further submits that just to cover up their lapse, offence under Sections 186, 353 and 323 IPC has been added which would show the biased opinion of the Investigating Agency. Learned counsel also submits that there is no criminal background of the petitioner as no case was ever registered against him. The petitioner is in judicial custody since lodging of the FIR and nothing is to be recovered from him. The challan has not been presented so far and it may take some time even in presentation of challan and conclusion of trial. The petitioner, being a government servant, is not going to run away from the trial and he is possessing movable and immovable property. Learned counsel further submits that the petitioner is ready to abide by all terms and conditions to be imposed by this Court. Since, the challan has not been filed within the prescribed period, therefore, the petitioner has become entitled for bail as per provisions of Section 167(2) Cr.P.C but still his application has been dismissed by the Additional Sessions Judge, Ludhiana.

(3.) Learned counsel for the petitioner has relied upon the judgment of this Court in case Som Nath and another vs State of Punjab, 2011 3 RCR(Cri) 515 in support of his contentions.