Punjab And Haryana High Court · 2010

Present: Mr. Rakesh Nehra, Advocate, for the petitioner. **** SABINA, J. This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 18 dated 23.1.2010 under Sections 7 and 10 of the Prevention of Corruption Act and under Sections 420, 224, 120-B/ 34 of the Indian Penal Code (“IPC” for short), registered at Police Station City Bahadurgarh, District Jhajjar. Contents of the FIR, as reproduced in para 1 of the petition, read as under:- “ I have come to know from secret sources that the employees deputed at police station Traffic, Bahadurgarh in collusion with Rakesh Kumar, Inspector Police Station Traffic Bahadurgarh, are recovering illegal money from the driver of the vehicles by scaring them of challan with Criminal Misc. No.M-7992 of 2010 (O&M) 2 fake challan book. This checking is generally being effected at Sector 9 T-point, Bahadurgarh on National Highway No.10. Upon which, I along with HC Raj Kumar No.195/HPA, Constable Rajesh 1/367/ IRB Video- grapher, Constable Vikram Singh No.3153/GGN, reached at Tikri Border, Bahadurgarh, where Sh.Amit Kumar son of Inder Singh, Caste Jat, resident of Chhikara Colony, Bahadurgarh in his car bearing No.HR-99DW-9474 and Sh.Vijay Kumar son of Hawa Singh, Caste Jat resident of H.No.280, Sector 6, Bhadurgarh in his car bearing No.DL- 2CAD-1273 met us. They were joined in the raiding party after disclosin them the circumstances. I, Vijay Kumar and Constable Rajesh video-grapher sat in Santro Car of Vijay and HC Ram Kumar and constable Vikram were made to sit in Indigo Car of Amit. Initially, I gave Rs.500/- note bearing No.OBL-411280 to Amit after putting my short initial on the same and directed him to give this note to the traffic employees on their demand and to give me a signal. Thereafter, we stopped just before T-point and got stopped the vehicle of Amit and I along with Vijay Kumar reached at T-point, where the traffic employees were checking. All of them were wearing jackets, who got my vehicle stopped and after reaching near the vehicle, they demanded the documents Criminal Misc. No.M-7992 of 2010 (O&M) 3 from Vijay Kumar. Vijay Kumar alighted from the vehicle and started talking with them on road side. In the meantime, videography was continuing. All the traffic employees took Vijay Kumar in an adjoining traffic booth. In the meantime, trucks came on the road, due to which there was obstruction in the videography. After some time, Vijay Kumar came back and told me that the traffic employees have taken Rs.1000/- from him on the pretext of not challaning him. Thereafter, I along with my team came back near the vehicle of Amit and sent videographer Rajesh in the vehicle of Amit and directed him to again do the videography and the vehicle of Amit was sent. I along with my team started to chase. The traffic employees standing on the T-point got stopped the vehicle of Amit and started to check the documents and took Amit on one side. Amit gave money to one employee and gave me pre-planned signal. Upon which I along with raiding party alighted from the vehicle and apprehended that employee and asked his name and address. Upon which he disclosed his name as Constable Khet Raj No.668/JJR, P.S. Traffic Bahadurgarh. He was searched by me as per rules and found Rs.500/- from the left pocket of his jacket and Rs.600/- from the right pocket of his jacket, out of which Criminal Misc. No.M-7992 of 2010 (O&M) 4 two currency notes were of the denomination of Rs.500/- each and one was of Rs.100/-. Out of which one note of Rs.500/- was the same which was given by me to Amit and which was bearing No.OBL411280, the number of another note of Rs.500/- was 6AW490192 and the number of Rs.100/- note was 6BV808038. A separate parcel of the same was prepared. We searched the booth and a fake challan book without number in which some challans have been issued and two blue caps of Haryana Police, one belt of Home Guard and one cap Home Guard and one set of civil clothes having white coloured pant and yellow coloured shirt, were found. A separate parcel of the recovered articles was also prepared. The parcels were sealed with the seal of R.K. Both the recovered parcels were taken into police custody as evidence vide separate memos. The seal after use and sample seal were handed over to the witness HC Ram Kumar. In the meantime, remaining employees ran away from the spot. On my asking, the apprehended constable Khet Raj disclosed their name and number as EHC Shamsher Singh No.514/JJR, Constable Ramesh 339/JJR, Constable Narender 307/JJR and Home guard employees namely Subhash No.3913 and Jiwan Pal No.3884. When we were taking Constable Khetraj to Criminal Misc. No.M-7992 of 2010 (O&M) 5 P.S.Traffic, Bahadurgarh in a vehicle, then he ran away from custody after giving a push to HC Ram Kumar and he could not be found even after thorough search. The above said employees, by doing so, have committed an offence under Sections 7 and 10 of the Prevention of Corruption Act and 420, 224, 120-B, 34 IPC. Therefore, writing to this effect is being sent through Constable Vikram No.3153/GGN to the police station for registration of the case. After registration of the case, a case number be intimated and the higher officials be intimated through special report. The Deputy Superintendent of Police has been intimated through telephone to come at the spot.” Learned counsel for the petitioner has submitted that the petitioner was innocent and has been falsely involved in this case. After hearing learned counsel for the petitioner, I am of the opinion that no ground for grant of anticipatory bail is made out. As per the prosecution case, the money was handed over to the petitoner and was recovered from the petitioner. The petitioner might be required for custodial interrogation Accordingly, this petition is dismissed. (SABINA) JUDGE March 17, 2010