The Delhi High Court has granted bail to an Advocate accused in a case of bribery involving two DSP’s and an inspector of Central Bureau of Investigation, Delhi, while saying that all the incriminating material and documents have been seized during the course of investigation, so there is no possibility of tempering with the evidence and even the incriminating documents have already been sent to the CFSL.
A single judge bench of Justice Rajnish Bhatnagar observed,
“…petitioner is in judicial custody since 19.01.2020. He was remanded in police custody for eight days. Respondent-CBI has conducted search of the office of the petitioner…all the incriminating evidence has been seized…Therefore, under the circumstances, the petitioner is admitted to bail”
The FIR alleged that one of the DSP received Rs. 15 Lakh twice through two advocates to extend favours to a Chandigarh based company against which a corruption case was being investigated by CBI.
The FIR was registered under Section 120 B (Criminal Conspiracy) of IPC read with Section 7 (Public servant taking gratification other than legal remuneration in respect of an official act), 7A (Taking undue advantage to influence public servant by corrupt or illegal means), 8 (Offence relating to bribing of a public servant) and 12 (Punishment for abetment of offences) of the Prevention of Corruption (Amendment) Act, 2018.
The counsel for the petitioner has argued that he is an advocate by profession, and has deep roots in the society and there is no apprehension of his tempering with the evidence or running away from justice. In return the respondents CBI counsel has submitted that the petitioner along with certain other accused has compromised the integrity of the investigation of certain cases on extraneous pecuniary considerations. He further pointed out towards the petitioner’s non-cooperative behaviour and evasive replies during questioning, regardless the court without looking into the merits granted bail to the petitioner on certain conditions.
The bench allowed the bail application while directing the Advocate to furnish personal bond of Rs. 50,000/- and restricted him from leaving Delhi without prior permission of the lower court.
Read the judgment here;CBI