Court rejects bail of DySP in graft case

20/11/2022

Jammu, Nov 19: Special Judge Anti-corruption Jammu Tahir Khurshid Raina While rejecting bail application of Virender Singh Dy SP Crime Branch who was arrested by the ACB, observed that the corruption in public institutions shakes the people's confidence and crumbles the social fabric of the society. Special Judge Anticorruption Jammu Tahir Khurshid Raina after hearing APP Irshad Sheikh for the ACB whereas Adv Ashwani Thakur for the applicant, on on thoughtful consideration of the CD file, found the accusations against the accused, as projected in the status report, quite glaring and based on substantial material on record. Court further said that the investigation is going on and the alleged bribe amount taken by the accused is still un-recovered from the accused on account of his stubborn attitude in his interrogation by the ACB.
Special Judge Anticorruption Jammu Tahir Khurshid Raina further observed that so far as, the argument of the defence projecting the bonafidy of the accused based on some documents relating to investigation being conducted by the accused as an investigator in Crime Branch, is concerned, Court thinks that in presence of prima facie incriminating material as reflected from the CD file about the culpability of the accused in the alleged crime committed and do not find any substance in the ground projected by the defence. More so, when the investigation is going on, the defence is at liberty to put said documents before the IO who will examine the same and draw his conclusions accordingly.
While rejecting the bail application of DySP Crime Branch who was caught by the ACB in bribe of Rs 50000, Special Judge Anticorruption Jammu Tahir Khurshid Raina observed that it is really shocking and unfortunate that a senior police officer who is posted in a prestigious investigating wing of the police has prima facie resorted to corruption while investigating a case assigned to him as an investigator. Such a detestable act on the part of said officer can malign the image of the institution he belongs to in the eyes of general public and can also lessen the confidence of the people in the working of the said institution. This is how the credibility of the public institutions withers away in the society, leading to chaos and confusion among the people, Court observed.
Court further observed that it is said "the corruption breeds inequality and in-justice in the society and further widens the gap between the haves and have nots"... The corruption in public institutions shakes the people's confidence and crumbles the social fabric of the society. "Corruption is a cancer that steals from poor, eats away at governance and moral fibre and destroys trust" as said by Robert Zoellick, the eleventh president of the World Bank.
Special Judge Anticorruption Jammu Tahir Khurshid Raina further said that it is trite that while deciding bail application, the paramount factors for the court to consider are like - the gravity of the offence, level of accusations against the accused, punishment prescribed for the alleged offence, stage of the investigation, tendency and potential of the accused to flee from the investigation/ trial and to hamper and tamper with the ongoing investigation etc.
Court observed that the facts and circumstances of the case as presented in the foregoing paras, when taken in context of the factors to be considered for grant of bail as aforementioned, this court is not inclined to accept the prayer of the applicant for grant of bail at this stage, which is accordingly rejected.
According to the case of the ACB against the accused are that on 10-11-2022, a complaint was lodged by the complainant namely Davinder Singh of Tehsil R.S Pura against the accused, alleging there in that the accused is posted as Dy SP Crime Branch, Jammu, carrying a particular Mobile, as put in his complaint and has demanded Rs. 2.00 lakh from him in a case which is based on a false complaint against him in CB, Jammu. That he is being threatened that in case of non-payment of the same, FIR will be lodged against him by the accused in the said complaint against him, based on some false land dispute case. That he requested the accused Dy SP about his innocence and finally the accused has agreed to take Rs. 50,000/- as an installment of the above said bribe amount. That the ACB conducted the pre-trap verification, got satisfied of the demand made by the accused to the complainant and accordingly an FIR No. 15/2022 P/S ACB, Jammu, under Section 7 of the PC Act 1988 got registered and investigation commenced. That a successful trap was laid and accused after demanding and accepting bribe money of Rs. 50,000/- from the complainant while sitting in his vehicle, fled away from the spot while driving recklessly. However, the trap team chased him out near his official residence at Qtr. No. 38/D, Gulshan Ground, behind District Police Line, Jammu, where he was taken into custody. On his personal search/search of the vehicle, the tainted bribe money was not found in his possession. However, his hand wash and pent pocket wash was taken, the colour of which turned pink. It is evident that accused has either disposed off or destroyed or hidden somewhere the tainted bribe money, when he fled away from the spot in the vehicle. JNF

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