Yahspal Singh v. State Of Haryana

CRM-M No.53680 of 2019 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.53680 of 2019 (O&M) Date of Decision:- 06.02.2020 Yashpal Singh

...Petitioner

Versus

State of Haryana ... Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:- Mr. Pankaj Middha, Advocate for the petitioner.

Mr. Anmol Malik, AAG, Haryana.

***** RAJ MOHAN SINGH, J .(Oral) Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.14 dated 14.08.2019, registered under Sections 7 and 8 of Prevention of Corruption Act, 1988 at Police Station SVB, Karnal.

Petitioner is alleged to be an agent/tout of Zile Singh @ Zile Singh Yadav, who is Assistant Secretary with the office of RTA . The petitioner was caught red handed after a trap laid by the prosecution. Allegations are that the accused Zile Singh @ Zile Singh Yadav used to harass the complainant by demanding bribe in lieu of grant of promotion to ply the bus on the said route.

CRM-M No.53680 of 2019 (O&M) -2Further allegations are that the complainant party visited the RTA Office many a time to deposit the amount of fine, but the said officer did not receive the same, rather raised a demand of Rs.50,000/- as bribe. The aforesaid demand is relateable to Zile Singh @ Zile Singh Yadav, Assistant Secretary of RTA office. Zile Singh has been granted regular bail by this Court in CRM-M No.54352 of 2019 on 31.01.2020.

Learned counsel for the petitioner states that as against fine of Rs.4000/-, demand of Rs.50,000/- raised by the co-accused Zile Singh @ Zile Singh Yadav would remain debatable. There was no demand by the petitioner rather the allegations are that he acted as a tout on behalf of Zile Singh @ Zile Singh Yadav.

Learned State counsel on instructions from ASI Jai Singh states that out of 31 prosecution witnesses, 8 witnesses have been examined and 28.02.2020 is the date fixed for remaining prosecution evidence.

Petitioner is in custody since 14.08.2019.

In view of totality of facts and circumstances, at this stage without meaning anything on the merits of the case, I deem it appropriate to release the petitioner on regular bail. In view of above, the present petition is allowed and the petitioner is ordered to be enlarged on bail, subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of

CRM-M No.53680 of 2019 (O&M) -3the Trial Court/Duty Magistrate concerned. Nothing expressed hereinabove shall be construed to be an opinion on merits of the case.

06.02.2020 ( Raj Mohan Singh ) geeta Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No