JUDGMENT Ravindra Singh, J.
1. Heard Sri Viresh Mishra , Senior Advocate assisted by Sri Amit Misra learned counsel for the applicant and learned A.G.A.
2. This application is filed by the applicant with a prayer that he may be released on bail in case crime No. 153 of 2005, under Sections 7/13(1)(D) read with Section 13(2) of the Prevention of Corruption Act, P.S. Parikshit Garh, Meerut.
3. From the perusal of the record it reveals that in the present case the F.I.R. was lodged at the police station Parikshit Garh on 15.7.2005 at 7.00 p.m. in respect of the incident which had occurred on 15.7.2005. at 2.30 p. m. According to prosecution version one Jeet Singh made a complaint dated 13.7.2005 to the Superintendent of Police(Vigilance), Meerut that there was a connection of tube well in his father's name, who has died in the year 1989. The complainant was having Five brothers. The agricultural land was distributed amongst them. Therefore, application for permanent disconnection of electricity of the aforesaid tube well was given on 21.5.2005 to the concerned Executive Engineer. On that application an order was passed directing the S.D.O. concerned to disconnect permanently the connection the tube well permanently within 15 days. The prescribed fee of Rs. 50/- was also deposited on 25.1.1995. Its receipt was obtained by the complainant. The bills of the tube well up to the January 1995 was paid. Thereafter, the wire of the electric line and poles were taken away by the officials of the Mawana Power House. Practically, the connection was permanently disconnected, but on record it was not made as permanently disconnected. Thereafter, a bill of Rs. 1,40,000/- was sent in the name of the father of the complainant on the basis of non payment of the said amount, the recovery certificate was issued. Then the complainant met to the applicant who is Junior Engineer of Parikshit Garh Electricity Sub Division, who demanded a sum of Rs. 15,000/- as a bribe for permanent disconnection of the electricity. After negotiation he agreed for the amount of Rs. 4000/- and he was asked to come at the office on 15.7.2005 along with Rs. 4000/-. On that complaint the S.P. Vigilance constituted a trap team headed by first informant Devnand Giri, Dy. S.P. and the D.M. was requested to provide two independent witnesses, consequently, two independent witnesses namely Santosh Kumar Savita and Smt Bharti Goel were provided by the D.M. The complainant, the members of the trap team and The witnesses gathered at the Vigilance office on 15.7.2005 at 10 30 a.m. thereafter the trap party reached at Parikhitgarh near the Mission Hospital. The members of the trap team were introduced to the complainant. Six currency notes, in which one note was Rs. 1000/- and six notes were Rs. 500/- each were handed over by the complainant to the first informant, its numbers were noted and the notes were signed by the first informant and the notes were tainted by phenolphthalein powder and the same was handed over to the complainant with a direction that the same amount will be given to the applicant on his demand of bribe. The same amount was kept by the complainant in the pocket of his shirt. Thereafter, the hands of the complainant and the first informant were washed by the solution of sodium carbonate. The colour of the solution became pink. Its sample was taken and. the same was sealed. The trap party reached at the place of the occurrence after taking search of the each other in which nothing incriminating was recovered from the possession of any member of the trap team. At the time of alleged occurrence the applicant was occupying his chair. The complainant went there and asked that he has come with Rs. 4000/- as the promised made by him which had been demanded by you for permanent disconnection of electricity and requested to make a note for permanent disconnection. Thereafter, he handed over the same amount to the applicant. The same was counted by the applicant and said that the report will be submitted for permanent disconnection of electricity. This conversation was heard by all the members of the team. Thereafter, they came at the place of the occurrence after giving their introduction. The applicant was arrested and from his right hand Rs. 4000/- were recovered. The numbers of the recovered notes were tallied by the recovery memo. The same recovered notes were kept in a envelop which was not sealed. Thereafter, the hands of the hands of the applicant were washed by sodium carbonate. Its colour became pink. From search of the applicant Rs. 9420/- were also recovered along with a wrist watch and a golden ring and the same were kept in a envelop, but not sealed. The shirt of the applicant was put off and sealed. Some other papers were also taken into possession by the trap team. Thereafter, the applicant was taken to the police station where the F.I.R. was lodged.
4. It is contended by the learned counsel for the applicant that in the present case the applicant being a Junior Engineer has nothing In do anything because the complainant has already deposited the fee for permanent disconnection of the electricity. The wire of the line and poles were already taken by the official of the power house.
5. It is further contended that the proper trap was not made because according to the prosecution itself the recovered notes were not sealed and no demand was made by the applicant for bribe. The story is highly unnatural. The applicant was at the verse of retirement He was not having a good relation with the S.D.O., so he has been falsely implicated in the instance of the S.D.O.
6. It is further contended that according to prosecution story itself the numbers of the notes which were tainted by the phenolphthalein powder and signed by the first informant were not tallying with the numbers of the currency notes given in the memo prepared before the trap party because there is difference in the numbers of three currency notes.
7. It is opposed by the learned A.G.A. by submitting that the applicant is a junior Engineer. He has demanded bribe. He was arrested red handed along with the amount of bribe. There is no irregularity in the proceedings of the trap, but it is admitted that the recovered notes which were kept in the envelop were not sealed.
8. Considering all the facts and circumstances of the case and submissions made by the learned counsel for the applicant, learned A.G.A. and without expressing any opinion on the merits of the case, the applicant is entitled for bail.
9. Let the applicant Ram Veer Sharma involved in case crime f 153of 2005, under Sections 7/13(1)(D) read with Section 13(2) of the Prevention of Corruption Act, P.S. Parikshit garh, District Meerut be enlarged on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.