The court established that pre-trial punishment is prohibited and justified the bail grant based on completed investigation and parity with a co-accused.

JUDGMENT :

Virender Singh, J.

Applicant-Pankaj Kumar, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of the trial, in case FIR No.1 of 2025, dated 07.02.2025, registered under Section 7 of the Prevention of Corruption Act (hereinafter referred to as the ‘PC Act’), with Police Station State Vigilance and Anti Corruption Bureau, Kullu, H.P.

2. According to the applicant, he has falsely been implicated, in this case, and has nothing to do with the alleged offence.

3. The applicant has termed the entire case of the prosecution, as concocted one and without any substance, as, nothing has been recovered from him.

4. As per the applicant, the investigation in the present case is almost complete and nothing is to be recovered from him, as such, no useful purposed would be served by keeping the applicant in judicial custody.

5. The applicant has tried his luck by moving similar application before Special Judge, Kullu, H.P., however, his application has been dismissed by the learned Special Judge, vide order dated 22.2.2025.

6. On the basis of the above facts, Mr. Hemant Vaid, Advocate, has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial.

7. Lastly, it has been submitted by the learned counsel for the applicant that the applicant is entitled for the relief of bail on the ground of parity also, as his co- accused, Bhavita Tandon, has already been released by this Court, vide order dated 06.03.2025, passed in Cr.M.P. (M) No.349 of 2025.

8. On the basis of the above facts, a prayer has been made to allow the application.

9. When put to notice, the police has filed the status report disclosing therein, that on 7.2.2025, complainant Prittam Chand, has produced a complaint before the Dy.SP, Incharge Police Station, State Vigilance and Anti-Corruption Bureau, against Bhavita Tandon, upon which, the FIR, in question, has been registered.

9.1. In the said complaint, it has been mentioned by the complainant that he is resident of the address, as mentioned in the complaint and is running a hotel in the name and style of ‘Snow Peck Retreat’ comprising 32 rooms.

9.2. On 28.11.2024, Inspector Pankaj (applicant), Department of Health Safety and Regulation, Kullu, came there for checking and he had collected the samples of eatables, oil and papad. On 16.1.2025, Bhavita Tandon, Assistant Commissioner, Food Safety Kullu, issued two notices. One notice was with regard to the misbranded papad and another was with regard to unsafe cooking oil. The notices were required to be replied within 30 days

9.3. Thereafter, in order to get the information with regard to the notices, the complainant has deputed his nephew to the office of Bhavita Tandon, on 4.2.2025, when Bhavita Tandon had demanded a sum of Rs.2,00,000/- as bribe to settle the matter. This fact has been apprised to the complainant by his nephew.

9.4. Since, the complainant was not interested to pay the said bribe, as such, he had gone to the Police Station, SV & ACB, Kullu, where voice recorder and camera eyewear were given to record the demand of bribe.

9.5. Thereafter, the complainant has submitted the recording, in which, she has reduced the demand of bribe to Rs.1,10,000/-, to settle the matter, involved in the notices, upon which, the police has registered the case.

9.6. Thereafter, pre-trap proceedings were conducted on 9.2.2025, in the Circuit House, Kullu. The following persons were associated in the trap:

i) Prittam Chand, complainant

ii Inspector Ashok Kumar, PS SV&ACB, Kullu

iii) Inspector Munish Kumar, PS SV&ACB, Mandi

iv) SI Narayan Lal, PS SV&ACB, Kullu

v SI Sher Singh, PS SV&ACB, Mandi

vi) Ct. Rajesh Kumar, PS SV&ACB, Kullu

vii) HHG Kurm Dutt, PS SV&ACB, Kullu

viii) HHLC Rekha, PS SV&ACB, Mandi

ix) HHLC Raksha, SP Office, CR, Mandi

9.7. Apart f