TaxTMI 
TaxTMI 
TaxTMI 
2021 (3) TMI 1279
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....ve uprooted the prosecution version, as regards the applicant. By now, after framing of charges against applicant, five prosecution witnesses have been examined who have completely demolished the prosecution's case and moreover co-accused Ranveer Singh @ Ranbir Singh has also been enlarged on bail vide order dated 21.10.2020, copy of the order is annexed as Annexure-10 to the affidavit. 4. In brief, learned counsel for the applicant has recapitulated the prosecution's case as narrated in the F.I.R. mentioning that first information report in this case has been registered against the applicant and two others named accused namely Virendra Singh Rathore, Inspector C.B.I., A.C.B., Ghaziabad and Ranveer Singh, Tehsildar, Aligarh besides some unknown officials of the Uttar Pradesh Police with the allegation that applicant had conspired with above named co-accused and was trying to influence in investigation then F.I.R. No. 421 of 2018 was registered on 3.6.2018 at P.S. Kasna, District Gautam Budh Nagar. In the charge sheet of the present case, it is alleged that co-accused V.S. Rathore and applicant had demanded illegal gratification from co-accused Ranveer Singh in order to inf....
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.... of Yuddhveer Singh and not the house of the applicant. C.B.I. team never arrested applicant rather had gone there to serve upon him a notice under Section 41 of Cr.P.C.. It is a unique trap case sought to be established by the prosecution in which neither any money has been recovered from the possession of the applicant nor was he found present at the place of occurrence i.e. where the trap was laid nor anybody was arrested during the trap proceedings, nor name of the officials have come to the fore for whom the alleged amount is alleged to have been given by co-accused Ranveer Singh. No specimen of the applicant's voice was taken for being sent to FSL for examination, therefore result of forensic analysis respecting the applicant's voice being awaited does not arise. It is further submitted that Amrendra Pratap Singh (PW-3) was a Manager of Hotel Kapoor Inn from where co-accused Ranveer Singh had allegedly left in the morning on 2.2.2019. He has made revelations completely demolishing the case of the prosecution as he has deposed that raid was conducted by the CBI at Hotel Kapoor Inn, New Delhi and arrested coaccused Ranveer Singh was made from there and not from Ghaziaba....
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....hus alleged recovery of bribe amount on the spot is not only doubtful but false on the face of it. The said trap memo has been relied upon by this Court while rejecting the first bail application and now that stand fully false and fabricated. It is further argued that register submitted by C.B.I. of vehicle movement (D-6) in which the entry of Car No. DL 1ZA 2644 has been shown at the bottom of page on 1.2.2019 at 6:57 AM and not on 2.2.2019. It is also noteworthy that the entire register is in ascending order of time except vehicle no. 2644. The entry of this car has been shown at 6:57 AM but this has been over written/inserted between 9:40 and 9:50 AM, thus the said document is also apparently fabricated. The trap laying officer Suresh Pal tried to cover up the said falsity by making statements under Section 161 Cr.P.C. saying that inadvertently he missed out to put the brass seal impression on the spot memo which statement is diametrically opposed to the statements made by independent witnesses. If the statement of investigating officer is given preference over the independent witness's that would defeat the truthfulness of the investigation. While rejecting the first bail, ....
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....aruti Swift Dzire Car No. DL 1ZA 2644 to deliver the bribe amount of Rs. 20,00,000/- to Virendra Singh Rathore and the applicant. On the said information, Suresh Pal, I.O. of this case briefed the independent witnesses namely, Ashish Kumar and Vinod about the said transaction and on 2.2.2019, CBI team led by Suresh Pal along with independent witnesses intercepted co-accused Virendra Singh Rathore and Ranveer Singh at around 7:40 hours in the above house of Virendra Singh Rathore. When co-accused Ranveer Singh handed over Rs. 20,00,000/- to him, both the said accused were intercepted at the said spot while handing and taking over the illegal gratifications and were arrested by C.B.I. team. During trap proceedings co-accused Ranveer Singh disclosed that crime no. 421 of 2018 was registered on 3.6.2018, P.S. Kasna against officials of YIEDA and his two brothers-in-law Gaurav Kumar, Manoj Kumar and his nephew Anil who was co-accused in that case, had been arrested by Kasna Police and further disclosed that police was suspecting his role also in the said case, hence he obtained protection against arrest from this Court. It is further argued that co-accused Ranveer disclosed during trap ....
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....a on 12.11.2018 who obtained NBWs against co-accused Ranveer and his brothers-in-law Gaurav Kumar and Manoj Kumar and his nephew Anil Kumar. Co-accused Ranveer Singh had got relief from Allahabad High Court against coercive steps while Gaurav Kumar, Manoj Kumar and Anil Kumar surrendered before the court below on 24.1.2019. It is further argued that co-accused Ranveer Singh and applicant were known to each other for last ten years and hence co-accused Ranveer was in regular touch with the applicant when F.I.R. No. 421 of 2018 was registered at P.S. Kasna. It is further submitted that special Unit, CBI, New Delhi has provided 89 audio files relating to the intercepted telephonic conversations among the accused-persons including the applicant. Government of U.P. had proposed to transfer the investigation of the F.I.R. No. 421 of 2018 to C.B.I. which was under consideration. The co-accused Nishank had joined C.B.I. in September, 2016 on deputation and was posted at CBI Academy Ghaziabad and the accused-applicant was also posted in the same academy, hence they also knew each other well. The said 89 audio files reveal that co-accused Ranveer was in constant touch with the applicant and ....
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....overed from the house of the applicant. It is further mentioned that applicant had refused to give his voice specimen during investigation and the refusal memorandum dated 5.4.2019 is annexed at Annexure CA-5. Applicant used three mobile sims out of which one belonged to Mr. Amardeep Kaur and other to Ms. Kritika, who have stated that they had handed over their SIMs to the applicant. Regarding the analysis of mobile phones and other electronic gazettes seized, investigation is still awaited. Specimen of voice of accused-applicant along with other co-accused were taken, it is also evident from the list of documents which are annexed as Annexure-1. In the said charge sheet at Sr. No. 20, name of the applicant appears whose voice sample had been collected. It is further argued that PW-3 Amrender Singh, Manager in his deposition stated that co-accused Ranveer Singh stayed in hotel Kapoor Inn on 31.1.2019. He came in the late evening/night at 12:00/01:00 hours in the night of 31.1.2019 and left the hotel in the early morning at 0500 AM. He also stated that because of the co-accused Ranveer Singh came late in the night of 31.1.2019, he stated that he was under pressure and will hand over....
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....t to be made of financial assistance sought by his brother from the applicant for purchase of land in Gautam Budh Nagar. It is further submitted that a mutual understanding was arrived at between Yudhvir Singh and the applicant that instead of making payment to Yudhvir Singh, applicant would pay directly to the seller of land from whom Yudhvir Singh was about to purchase land, therefore applicant had withdrawn Rs. 20,00,000/- from his GPF on 27.6.2018 and paid the said amount to the seller of land on 4.7.2018 vide two separate cheques. It is this financial liability incurred by Yudhvir Singh which was supposed to be discharged by the said amount of Rs. 18,00,000/- which was recovered by the CBI on 2.2.2019, copies of the Bank account statement of the applicant and application for withdrawal of GPF and sale deed are annexed at Annexure 6 (colly.). No case is made out against the applicant for the offences of the Sections mentioned above in fact no case has been slapped against the applicant relating to disproportionate assets case also, accused being public servant. 7. Supplementary counter affidavit has been filed from the side of the CBI, wherein it is stated that applicant was a....
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.... Amrendra, who is Manager of Hotel, Kapoor Inn, has stated that the raid was made at the said hotel which is located in Delhi, and has further stated that co-accused Ranveer Singh was arrested from his hotel when the raid was conducted by C.B.I. and on this ground, co-accused Ranveer Singh has been allowed bail by co-ordinate Bench of this Court vide order dated 21.10.2020 holding that the said witness has demolished the prosecution case of arrest having been made at the house of coaccused V.S. Rathore in Ghaziabad, although this argument is being refuted from the side of C.B.I. arguing that the said witness was never a witness of preparation of the trap memo as there were two other independent witnesses, whose statements are yet to be recorded and that this witness was recorded only for the purposes of entry of co-accused Ranveer in the said hotel of which he was Manager, therefore on this basis bail to the accused-applicant should not be allowed. This Court, in this regard, is of the view that benefit of bail has already been allowed to the co-accused Ranveer who is one of the main accused in this case who was said to have gone to the house of co-accused V.S. Rathore with an amou....