Pre-trial punishment is prohibited; bail should not be denied if custodial interrogation is no longer necessary.

JUDGMENT :

Virender Singh, J.

Applicant-Narender Singh Rawat has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’) seeking, his release on bail, during the pendency of trial, in case RC No. 00962025A0001, dated 2^nd January, 2025, registered with Police Station CBI, ACBShimla, under Section 7 of the Prevention of Corruption Act (hereinafter referred to as ‘PC Act’).

2. According to the applicant, he is innocent and has not committed any act, contrary to law. As per the applicant, he has falsely been implicated, in this case.

3. It is the case of the applicant that the case against him is based upon false and twisted facts.

4. As per the case of the applicant, there is no evidence of any demand or giving of illegal gratification and the alleged trap proceedings are a farce, based upon false and fabricated documents.

5. According to the applicant, the investigation, in the present case is complete and nothing remains to be recovered from him or at his instance, as such, no useful purpose would be served by keeping him in judicial custody.

6. Apart from this, learned counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, he is ordered to be released on bail, during the pendency of the trial.

7. The applicant has earlier tried his luck by moving similar bail application, before the learned Special Judge (CBI), Shimla, however, the same has been dismissed, vide order, dated 18^th January, 2025.

8. On the basis of the above facts, a prayer has been made to allow the bail application and release the applicant, on bail, during the pendency of the trial.

9. When put to notice, the CBI has filed the reply, disclosing therein, that the aforementioned FIR has been registered against the applicant on 1^st January, 2025, on the basis of a written complaint, moved by one Shri Nitin Chauhan, M/s Chauhan Cable Network, VPO Shillai, District Sirmour, H.P. and verification report of Sub Inspector Dharmender, CBI, ACB Shimla, which discloseddemand of undue advantage of Rs.1,00,000/- by the applicant.

9.1. It has been mentioned in the complaint that the applicant was demanding undue advantage/bribe of Rs.20,000/- each, from five cable operators, functioning inthe State of H.P. and Rs.10,000/- from the complainant, asking him to collect the said money from the other five cable operators also and to hand over the same to him in Delhi, in lieu of which, the applicant had assured that no action would be taken against the complainant and the notices issued to the other five cable operators would also be got settled.

9.2. As per the complaint, the applicant had assured that he would take favourable action and recommendations in respect of Quarterly Monitoring Performance Reports, already submitted or to be submitted, in future, by the complainant and the other five cable operators.

9.3. According to the complainant, the applicant had also threatened the other cable operators for cancellation of licences and asked them to contact the complainant, in this regard. The said cable operators, thereafter, contacted the complainant and asked him to file complaint against the applicant. As such,the complainant filed the present complainant to SP, CBI, ACB, Shimla, for taking necessary action against the applicant.

9.4. It has further been mentioned in the status report that the verification of the said complaint was got done through SI Dharmender, CBI, ACB Shimla. Since, on the basis of the complaint and the verification report, the offence, punishable under Section 7 of the PC Act, was found to have been committed, by the applicant, as such, a case, vide RC No. 00962025A0001, was registered against the applicant.

9.5. As per the status report, thereafter, a team, under the leadership of Sh. Ravinder Kumar, Inspector of Police, CBI, ACB, Shimla, laid a trap on 2^nd January, 2025 and the applicant was caught r