Karambir Singh v. State Of Punjab

-1108 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on : 11.11.2024 Karambir Singh ...... Petitioner

Versus

State of Punjab ...... Respondent CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present : Ms. Gurjit Kaur, Advocate through VC and Mr. C.S.Bagri, Advocate for the petitioner.

**** Manjari Nehru Kaul, J.(Oral) 1.

This is the petition filed by the petitioner seeking concession of anticipatory bail in case FIR No.11 dated 19.09.2024 under Sections 7 of Prevention of Corruption Act, 1988 registered at Police Station Vigilance Bureau, Flying Squad, Punjab at Mohali, Sector 68.

2.

Learned counsel for the petitioner contends that the story put-forth by the prosecution in the FIR in question, against the petitioner is highly implausible. The petitioner has an exemplary record as a decorated police officer, with no previous complaints against him. Learned counsel for the petitioner argues that the FIR in question (Annexure P-1) was filed solely as an act of revenge against the petitioner; this assertion is supported by the absence of

-2any recovery of the alleged bribe amount from the petitioner, and furthermore, there is no evidence on record substantiating the claim that the petitioner demanded a bribe of Rs.15,000/- from the complainant in exchange for assistance in obtaining bail for the relatives of the complainant in a case FIR No.133 dated 23.05.2024 under Sections 447, 511, 506, 427 and 148 IPC registered at Police Station Sadar, Kharar. It has also been argued that the complainant held grievances against the petitioner, as the petitioner refused to manipulate the investigation in favour of the complainant. As per the learned counsel, this refusal prompted the complainant to falsely implicate the petitioner in the instant case. 3.

I have heard learned counsel for the petitioner and perused the material placed on record.

4.

The FIR in question was registered based on the allegations made by the complainant, who alleged that the petitioner demanded a bribe of Rs.15,000/- to facilitate the release of the relatives of the complainant on bail in connection with FIR No.133 dated 23.05.2024 registered at Police Station Sadar, Kharar. Upon examination of the material on record, it transpires that the complainant recorded a conversation with the petitioner regarding the alleged demand of bribe. This audio-recording, was provided by the complainant at the time of lodging the present FIR and is already part of police file.

-35.

Prima facie, there are specific allegations against the petitioner, inviting the mischief of an offence under Section 7 of the Prevention of Corruption Act. Given the facts and circumstances as enumerated hereinabove and the gravity of allegations, this Court does not deem it fit to extend the concession of anticipatory bail to the petitioner. Accordingly, the instant petition stands dismissed. 6.

However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.

11.11.2024 (MANJARI NEHRU KAUL) sonia JUDGE Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No