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of <h1>Superintendent of Police granted bail in bribery case under Prevention of Corruption Act.</h1> <h3>Desh Raj Versus Central Bureau of Investigation</h3> The court granted bail to the petitioner, a Superintendent of Police accused of bribery under the Prevention of Corruption Act. The court considered the ... - Issues Involved:1. Grant of regular bail u/s 439 of CrPC.2. Allegations of bribery u/s 7 of the Prevention of Corruption Act, 1988.3. Consideration of voice recordings as evidence.4. Impact of the petitioner's personal circumstances on bail decision.Summary:1. Grant of Regular Bail u/s 439 of CrPC:The petitioner sought regular bail pending trial under Section 439 of the Code of Criminal Procedure. The bail application was previously declined by the Special Judge, CBI Court, Chandigarh.2. Allegations of Bribery u/s 7 of the Prevention of Corruption Act, 1988:The case involves allegations against the petitioner, a Superintendent of Police, for demanding and accepting a bribe of Rs. 1 lakh from the complainant, an Inspector/SHO. The complainant alleged that the petitioner demanded Rs. 5 lakhs, later reduced to Rs. 2 lakhs, for not harassing him and helping in a departmental inquiry. A trap was laid, and the petitioner was allegedly caught red-handed.3. Consideration of Voice Recordings as Evidence:The prosecution relied on voice recordings of conversations between the petitioner and the complainant, recorded in three phases: on the complainant's mobile, on two Soni Digital Voice Recorders at the pre-trap stage, and during the trap. The petitioner contended that the authenticity of these recordings is yet to be tested and cannot be appreciated at the bail stage. The petitioner also argued that the recovery of the bribe from the drawer in the camp office does not conclusively prove the bribe, suggesting possible tampering.4. Impact of the Petitioner's Personal Circumstances on Bail Decision:The petitioner highlighted the medical condition of his minor daughter, who requires regular treatment, as a ground for bail. The court considered the petitioner's argument that he is the only male member in the family who can accompany his daughter for treatment.Court's Decision:The court emphasized the principle that bail is to secure the appearance of the accused at trial and is not punitive. It noted that the petitioner, being a senior police officer, is unlikely to tamper with evidence, especially since the main evidence is in the form of voice recordings. The court referred to the Supreme Court's judgment in Sanjay Chandra v. CBI, which underscores the importance of personal liberty and the presumption of innocence.Conclusion:The petitioner was granted bail subject to conditions, including furnishing bail bonds, not making any inducements or threats, remaining present at court hearings, surrendering his passport, and allowing the CBI to apply for modification/recalling of the order if conditions are violated. The court clarified that it has not expressed any opinion on the merits of the case.
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