SANJEEV KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in FIR No.215/2011 dated 04.09.2011, registered at Police Station,Una, under Section 12 of the Prevention of Corruption Act, 1988.

(2.) IT has been stated in the application that a case under Sections 420, 467, 468 IPC has been registered against the petitioner which is pending investigation. In the course of investigation, Sub Inspector, Yash Pal, asked the petitioner to give him money, so that he could help him in the said case. On this, the petitioner contacted higher officials and apprised them regarding the illegal demand of money, upon which Dy. S.P., Anti Corruption, Hamirpur was deputed to look into the matter, if need be, case be registered and accordingly a case was registered. A raiding party was constituted and petitioner was directed to hand over the money to Sub Inspector Yash Pal and also give a signal to the raiding party enabling them to catch the Sub Inspector while accepting the money. The petitioner accordingly proceeded ahead with the money. The Sub Inspector asked the petitioner to keep the money in one corner of his room, but the Sub Inspector while attending a call on mobile phone came out of the office before the raiding party could catch him. The raiding party recovered the money from the room of the Sub Inspector.

(3.) 09.2011 as a counter -blast to pressurize the petitioner not to pursue the case against Sub Inspector Yash Pal. 4 The petitioner is innocent, he has committed no offence. The Sub Inspector Yash Pal was insisting the petitioner for paying him Rs.10,000/ -which petitioner had already paid. The Sub Inspector Yash Pal had again pressurized the petitioner to give Rs.10,000/ -more and on this the petitioner approached the higher Officers, who advised him to be in touch with Anti Corruption Police.