Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56790 of 2019 Applicant :- Deepak Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Tej Bahadur Rai,Rakesh Pande (Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rakesh Pande, Senior Advocate assisted by Sri Tej Bahadur Rai, learned counsel for the applicant as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.PC.) has been moved seeking bail in Case Crime No.2423 of 2019 under sections 409 I.P.C. and section 7/13 of Prevention of Corruption Act, 1988, Police Station Indrapuram, District Ghaziabad, during the pendency of trial.
It is argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. He is the then Inspector of Police Station Indrapuram, Ghaziabad. He is being victimized by his senior because he was given good posting and they wanted him to be transfered from the said place, hence false allegation has been made against the applicant as no information was given to the applicant by the Sub-Inspectors Sandeep Kumar and S.I. Sachin about the occurrence nor any money has been given to him. It is further argued that there is unaccounted delay in lodging the FIR, hence, he should be released on anticipatory bail.
I have gone through the FIR. It is recorded in it that on 25.10.2019 C.O., Indrapuram Police Station was informed on phone that 2-3 days ago in Hotel Grand at Vaishali under jurisdiction of P.S. Indrapuram, police had caught some persons indulging in gambling and the police without taking any action against them had released the accused. On receiving the said information on 25.10.2019 the informant reached the said Hotel and found out about the occurrence from the Manager of the Hotel and then he came to know that in the intervening night of 22/23.10.2019 from room no. 109 four person named in the FIR and from room no. 209 nine persons named in the FIR, were taken into custody while indulging in gambling and from them Rs.12,20,000/- was recovered, subsequently Rs.2,50,000/- was returned to one Anil Bansal while remaining amount of Rs.9,70,000/- was retained by the two co-accused namely, Sandeep Kumar and Sachin the then Sub-Inspectors after informing about it to the accused-applicant. On24.10.2019 Anil Bansal and other 4-5 persons reached at Vaishali Police Station and demanded money back of which the co-accused Sandeep Kumar and Sachin again informed the accused-applicant that matter was turning to be serious and some money could have been returned and thereafter Rs.5,50,000/- was returned and remaining amount was shared by the co- accused under the knowledge of the accused-applicant. Video recording of the entire occurrence of room nos. 109 and 209 is available. Further, it is mentioned in the FIR that during enquiry made by the informant, the co-accused Sandeep Singh had deposited Rs.4,06,500/- at the police line in the report no. 55, time 22.15 hours on 25.10.2019, therefore the accused-applicant is said to have not taken any action against the co-accused, who had retained the money with them.The FIR discloses serious kind of cognizable offence against the accused applicant as he had full knowledge of the occurrence.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant.
Accordingly, the bail application is rejected. Order Date :- 19.12.2019 AU