Raghubir Singh vs State Of Haryana

FIR No

Dated

Police Station

Section/s

0003

06.02.2023

SVB, Karnal

Sections 7, 7A, 13(1)(b) & 13(2) of the Prevention of Corruption Act.

Gurvinder Singh Gill, J

The petitioner seeks grant of regular bail in respect of aforementioned FIR.

The FIR was lodged at the instance of Sandeep, wherein it is alleged that the petitioner, who was posted as a Clerk in the office of Market Committee, New Grain Market, Karnal, had demanded illegal gratification of Rs.10,000/- for the purpose of issuing license for selling fodder. Since the complainant did not wish to pay the said amount, he reported the matter to the Vigilance Bureau. A trap was accordingly laid and the petitioner was caught red-handed while accepting bribe.

Learned counsel for the petitioner has submitted that he has falsely been implicated in the present case and there is no credible evidence to establish the alleged demand or acceptance of the amount of bribe. It has been submitted that the petitioner has a clean record and since investigation already stands concluded, no useful purpose would be served by detaining the petitioner behind bars any longer.

Opposing the petition, learned State counsel has submitted that since the petitioner was caught red-handed while accepting bribe of Rs.10,000/-, his complicity is clearly evident. Learned State counsel has, however, informed that the petitioner as on date has been behind bars since the last about 2 months & 15 days and that he is not involved in any other case. It has also been informed that charges are yet to be framed and as many as 18 PWs have been cited.

This Court has considered rival submissions.

It is no doubt correct that the petitioner is alleged to have been caught red-handed while accepting bribe. However, this Court cannot lose sight of the fact that the petitioner has been behind bars since the last about 2 months and 15 days. The petitioner otherwise enjoys a clean record. Conclusion of trial is likely to consume time inasmuch as trial has not even commenced till date and as many as 18 PWs have been cited. In these circumstances, further detention of the petitioner will not serve any useful purpose. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

It is further directed that the petitioner would be obliged to furnish his voice sample as and when directed and shall not influence the witnesses. In case, the petitioner does not cooperate for the same, it shall be open for the prosecution to move for cancellation of bail.