SHYAM WALIA Vs. STATE OF H.P.

JUDGEMENT

(1.) Present bail application is filed under Sec. 439 Code of Criminal Procedure for grant of bail relating to FIR No. RC No. 2 of 2016 dated 28.1.2016 registered at Police Station CBI Shimla H.P. under Sec. 8 of Prevention of Corruption Act 1988.

(2.) It is pleaded that case under Sec. 8 of the Prevention of Corruption Act 1988 and Sec. 120B of Indian Penal Code registered at Police Station CBI Shimla H.P. It is further pleaded that petitioner is a private businessman who is running his business for last many years at Shimla. It is further pleaded that petitioner did not demand any money from the complainant at any point of time. It is further pleaded that petitioner is in judicial custody and nothing is to be recovered from the petitioner in the present case. It is further pleaded that petitioner will join the investigation of the case whenever and wherever required to do so. It is further pleaded that petitioner would not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. Prayer for acceptance of bail application sought.

(3.) Per contra response filed on behalf of the non -petitioner pleaded therein that Sh. Anil Kumar Chaudhari S/o. Sh. Anirudh Singh filed his online application for issuance of passport from Passport Office Shimla. It is further pleaded that Sh. Anil Kumar Chaudhari was given appointment to appear before the Passport authorities on 27.1.2016 at 10.00 hours. It is further pleaded that Sh. Anil Kumar Chaudhari appeared before the Passport Officer along with his original documents including his old Passport No. F3751688 which was valid up to 8.6.2015. It is further pleaded that when petitioner appeared before the Passport authority Shimla H.P. then Passport Officer verbally denied to accept the application and told complainant that his old passport is in damaged condition and complainant was asked to go out of passport office. It is further pleaded that when Sh. Anil Kumar Chaudhari came out from Passport Office Panthaghati Shimla H.P. he was contacted by accused who promised the complainant to get his work done from the Passport Office against the consideration of bribe amount of Rs. 15,000/ - (Fifteen thousand). It is further pleaded that thereafter Sh. Anil Kumar Chaudhari complainant on 27.1.2016 filed complaint in the CBI Branch Shimla alleging demand of bribe. It is further pleaded that investigation of the case was entrusted to Deputy Superintendent of Police CBI Branch Shimla. It is further pleaded that bribe amount of Rs. 15,000/ - (Fifteen thousand) i.e. 15 government currency notes of the denomination of Rs. 1000/ - (One thousand) each were treated with phenolphthalein power and distinctive numbers of the above currency notes were mentioned in the pre -trap memo and the same were kept in the pocket of the complainant to be handed over to accused. It is further pleaded that on completion of pre -trap proceedings CBI proceeded to Passport Office Panthaghati Shimla. It is further pleaded that accused Rahul was caught red handed while demanding and accepting Rs. 15,000/ - (Fifteen thousand) from complainant in the presence of witnesses. It is further pleaded that hand washes of co -accused Rahul were took in the colorless solution of sodium carbonate which was turned into pink colour proving the acceptance of bribe. It is further pleaded that accused Rahul accepted his guilt and disclosed that he is an employee of Sh. Shyam Walia co -accused and used to contact the passport official to get favours against the consideration of bribe. It is further pleaded that thereafter co -accused Sh. Shyam Walia was called and he also confessed his guilt. It is further pleaded that both the accused persons were arrested on 28.1.2016 and were produced before Court of Sessions Judge Shimla exercising powers of Special Judge CBI Shimla. It is further pleaded that on the request of CBI learned Court below was pleased to grant three days police remand and on completion of police remand both the accused were produced before Court on 1.2.2016 and learned Court below was pleased to grant judicial custody to both the accused persons. It is further pleaded that on 1.2.2016 both the accused persons moved bail application before learned court below and the same was dismissed as withdrawn. It is further pleaded that co -accused Rahul was caught red handed while demanding and accepting bribe of Rs. 15,000/ - (Fifteen thousand) from the complainant at the behest of his employer co -accused. It is further pleaded that case is in the investigation stage and it is further pleaded that important documents of passport office are yet to be taken and examine. It is further pleaded that accused persons are having influence in the passport office and there is every likelihood that petitioner would influence the officials in order to distort the evidence. It is further pleaded that till the completion of investigation petitioner be not released on bail.