The main legal point established is that in cases involving fraudulent activities and complex schemes, a deeper probe may be necessary, and anticipatory bail may not be granted.

JUDGMENT

Avneesh Jhingan, J. - The matter is taken up for hearing through video conference due to COVID-19 situation.

2. This petition under Section 438 Cr.P.C. is filed seeking anticipatory bail in FIR No. 487 dated 25.6.2021, under Sections 420, 120-B after addition of Sections 406 and 409 IPC and Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 registered at Police Station Camp, Palwal.

3. The petitioner was working as Computer Operator on contractual basis in the office of Land Acquisition Collector. Later on, it came to light that he was simultaneously working on two projects on contract basis i.e. Dedicated Freight Corridor Corporation of India since August, 2012 and also in Haryana Orbital Railway Corridor since September, 2020. He had drawn salaries from both the projects. Due to his employment, he was well aware about the land to be acquired for projects.

4. As per the policy for land acquisition of the project, the owners had to get a government job and compensation for the land acquired. On receipt of the complaint, detailed enquiry was conducted and thereafter FIR was registered. Subsequently, seeing the magnitude and importance of the issue, SIT was constituted. The FIR was initially registered only under Sections 420 and 120-B IPC.

5. The petitioner earlier approached this court seeking anticipatory bail by filing CRM-M-25714 of 2021. The case set up was that the land acquired was owned by the grand mother of the petitioner and she transferred a portion of the land to her blood relation, hence no case under Section 420 IPC is made out. The court considering the fact that it was transfer from grand mother to grand son, granted pre-arrest bail subject to joining investigation within 10 days.

6. The petitioner failed to join the investigation during the stipulated period. During investigation by SIT, it was revealed that facts were different. The grand mother of the petitioner purchased the land on 8.10.2020 and after 11 days of its purchase it was transferred to the grand children including the petitioner on 19.10.2020. The revelation was that the petitioner was working on two projects on contract basis simultaneously and drawing salaries from both the projects. Sections 406, 409 IPC and Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 were added, hence this second petition seeking anticipatory bail.

7. Learned counsel for the petitioner submits that this court had earlier considered the facts and granted pre-arrest bail. The subsequent sections have been added on the ground that the petitioner has drawn two salaries from two projects simultaneously. The submission is that anticipatory bail be granted.

8. Learned counsel for the State relying upon the pleadings of the reply vehemently opposes the prayer for grant of pre-arrest bail. She relies upon the pleadings in paragraph No. 3 of the preliminary objections of the reply. For ready reference, the same is quoted below:

"3. That the investigation of the case was handed over to SIT Palwal and during investigation relevant record from the office of SDO Palwal cum Competent Authority Palwal taken into police custody, and disputed sale deed obtained from sub registrar Palwal. After analyse of records it was found that the present petitioner was working in DFCCIL project through SDO (C) Palwal cum Competent Authority Palwal since August 2012 and in HORP (Haryana Orbital Railway Corridor) since September 2020. It reveals that petitioner obtains monthly salary from both projects simultaneously copy of notices bearing no. 217 steno dated 12-05-2021 regarding deposit salary taken from HORC project and notice bearing no. 228-29/steno dated 19-05-2021 which was received by petitioner on 24.05.2021 regarding termination of services are annexed as Annexure R-1. That record of account of SDO Civil cum Competent Authority Palwal bearing no. 427401000366 taken from ICICI Bank Palwal which reveals the salary transaction to the account of petitioner are ann