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2024 (5) TMI 1251

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....his Court under Section 439 CrPC. 2. Vide order dated 26.04.2024, this Court had granted interim bail to the petitioner which is continuing till date. 3. Counsel for the petitioner submits the petitioner has complied with condition no.14 of order dated 26.04.2024 and has handed over two sets of affidavits to the State counsel who has handed over the same to the Investigator. 4. State counsel does not refute the stand of counsel for the petitioner and has filed status report which is taken on record. A copy thereof has been supplied to counsel for the petitioner. 5. Facts of the case are being taken from reply dated 02.05.2024 filed by concerned DySP which reads as follows:- "2. The true facts of the case are that on 09-....

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....bribe amount of Rs. 12,00,000/- in lieu of closing the matter by imposing the penalty of Rs. 11,00,000/- only, and threatened, if bribe amount not paid, then he will have to pay Rs. 7,00,000/- or even one crore. Premraj Meena and other officers in collusion with Pankaj Khurana (co-accused) threatened and pressurized complainant and obtained bribe amount of Rs. 3,00,000/- on 06-02-2024 and as GST. adre on the same day, got deposited Rs. 5.00.000/- from him Premraj Meena and other officers in conspiracy with Pankaj Khurana (co-accused) were demanding bribe amount of Rs. 9,00,000/- and were saying that they will close the matter after the complainant deposits Rs. 6,00,000/- more as GST. Premraj Meena (petitioner-accused) and Pankaj Khurana (co....

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....reafier, on dated 09-02-24 the complainant and shadow witness proceeded to meet Pankaj Khurana, CA and after some time the complainant, the shadow witness acted accordingly and thereafter Pankaj Khurana (co-accused) was apprehended near Mittal Mega Road, Panipat. Upon asking him to produce the bribe money then co-accused Pankaj Khurana CA (private person) got recovered the bribe amount/tainted money of Rs. 7,00,000/- from his bag on spot and Pankaj Khurana was arrested in the present case and he voluntarily suffered his disclosure statement and disclosed that he took the bribe money from complainant upon asking of Premraj Meena, Superintendent, Panipat (petitioner- accused). Thereafier Pankaj Khuran CA telephonically called petitioner Premr....

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....o recording device, before the investigating officer, wherein demand of bribe/conversation was recorded among the complainant Dinesh and accused persons viz Pankaj Khurana (co-accused) and Premraj Meena (petitioner-accused), upon which the investigating officer with the help of ASI Surender Kumar ACB, Sub Unit Panipat, prepared three audio CD's and its transcript in Hindi and after converting the audio CD's into a separate sealed parcels, the audio CD's, its transcripts (Annexure R-1) and certificates u/s 65-B, Evidence Act were taken into possession vide memo, which was signed by respective witnesses. The investigating officer also recorded the statement of witnesses u/s 161 Cr.P.C on even dates. 5. That on 19-02-2024,....

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....and co-accused Pankaj Khurana has been presented before the Court of Ld. Special Judge, Panipat. Furthermore the prosecution sanction dated 24-04-2024 against Premraj Meena (petitioner-accused) has been obtained from the competent authority on 29-04-2024. However, the investigation in the present case is still going on and after obtaining the FSL reports and after concluding the investigation of the present case, the final challan report u/s 173 (8) Cr.P.C will be submitted in the Special Court in Panipat at the earliest. 9. That on 14-04-2024, the call details of mobile numbers 99966- 77775, 98965-80775, 70425-00000, 85700-00152 and 94160- 19495, which were used by Pankaj Khurana CA, Premraj Meena (petit....