VIKAS KUMAR Vs. STATE OF U.P.
LAWS(ALL)-2019-12-174
HIGH COURT OF ALLAHABAD
Decided on December 16,2019

VIKAS KUMAR Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

DINESH KUMAR SINGH-I,J. - (1.)Heard Shri Rajiv Lochan Shukla, learned counsel for the applicant and in opposition Shri Gyan Prakash, learned Senior Counsel assisted by Shri Sanjay Kumar Yadav, learned counsel for the Central Bureau of Investigation1 (opposite party no. 2) and Shri Attrey Dutt Mishra, learned Additional Government Advocate for the State of Uttar Pradesh (opposite party no. 1) and perused the record.
(2.)By way of instant bail application under Section 439 of the Code of Criminal Procedure, 1973, prayer has been made to enlarge the applicant on bail in Crime No. RC1202019 A0005 of 2019, Computer Registration No. 6910 of 2019, under Section 7 of the Prevention of Corruption Act, 1988, Police Station - C.B.I./A.C.B., District - Ghaziabad.
(3.)One complaint was made by Ajay Kumar, Proprietor, M/s. Ajay Kumar Power Construction, Meerut, addressed to the C.B.I, Anti-Corruption Branch, Ghaziabad, Uttar Pradesh, stating that his firm takes contract with respect to the electricity work of different departments, which has Service Tax No. AJXPA1406ESD001, which was apprised by letter dated 06.08.2019 of Assistant Commissioner, Central Goods and Service Tax, Circle-02 Audit, Meerut, that a team has been constituted for conducting audit of his firm under the leadership of Audit Commissioner, Meerut and his audit was to be held in the month of August, 2019. On 22.08.2019, the applicant called him on phone to his office and demanded a sum of Rs. 8 lakhs as bribe in order to get a favourable audit report, to which he stated that he did not have papers ready and then, the applicant told him that he should not worry about that. But thereafter, the informant/complainant showed his inability to satisfy his demand and assured that he would meet him after he completes his papers, but even then, the applicant told him that he would have to pay the bribe amount, failing which, he would impose much higher penalty than Rs. 8 lakhs. Thereafter, the applicant had various telephonic conversations with the informant and ultimately, he brought down the amount of bribe to Rs. 5 lakhs on phone on 08.09.2019. On this complaint, trap proceedings were conducted against the accused-applicant by the C.B.I. and a report dated 08.11.2019 is on record of these proceedings conducted by Inspector, C.B.I./A.C.B., Ghaziabad, in which it is recorded that investigation revealed after completion of pre-trap proceedings, the C.B.I. team moved to the office of the applicant. Before sending the complainant and the witness to the accused-applicant, the complainant was equipped with Sony DVR for recording the conversation with micro-SD card inserted in it. Thereafter, both the complainant as well as the shadow witness were directed to go, by gesture. The complainant and the witnesses entered into the office premises and found the accused-applicant present in his chamber on the ground floor, in which he was sitting as Superintendent. The witness was not allowed, but the informant was allowed to enter, by gesture. When the applicant was present in his ground-floor chamber, he demanded the bribe there, by gesture. Then the complainant placed the bribe money before him upon table, whereafter, the applicant gestured/directed the complainant to take the bribe money back and put the same in his pocket and accompany him. Then, the applicant took the complainant to Room No. 222 on the first floor, where he used to sit as Superintendent (Audit), where, after some exchange of words, the applicant opened the top drawer of the table and asked the complainant by gesture of left hand to keep the bribe money in the drawer. On his gesture/direction, the complainant did accordingly. Thereafter, the complainant asked the applicant to count the bribe money, to which the applicant refused in humble words. Thereafter, the applicant further demanded the remaining amount of bribe of Rs. 2 lakhs. After acceptance of the bribe amount, the complainant came out and went to the ground floor to inform the C.B.I. team. In between, the applicant concealed the bribe money in an electric switch board of washroom, which was situated at the end of the gallery.


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