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GURVINDER SINGH GILL
Gurvinder Singh Gill – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Gurvinder Singh Gill, J. (Oral) - The petitioner seeks grant of regular bail in respect of a case registered vide FIR No.30, dated 16.9.2022 at Police Station SVB, District Faridabad, Haryana, under Sections 7, 13(1)(a)(b) of the Prevention of Corruption Act and Section 218 of Indian Penal Code.
2. The FIR was lodged at the instance of Chander, wherein it is alleged that on 16.9.2022 when he was going on his motorcycle, his motorcycle had been stopped by the petitioner, who was working as a Head Constable. It is alleged that the said Head Constable took away 5 boxes of liquor, which the petitioner was carrying, as well as his motorcycle and mobile phone and when the said Head Constable was contacted by complainant's cousin Vinod Kumar, the said Head Constable (petitioner) raised a demand of Rs.60,000/-, which was settled at Rs.30,000/-, so as to return the articles as well as to convert the case into a case of petty offence. The conversation which had taken place between complainant's cousin Vinod Kumar and the petitioner was recorded. The matter was reported to Vigilance Bureau. A raid was conducted and the petitioner was caught red-handed while accepting an amount of Rs.30
The court considered the petitioner's prolonged detention, retraction of statements by key witnesses, and the likelihood of trial delay as grounds for granting bail.
The court considered the evidence, circumstances, and the petitioner's detention period to determine the justification for his further detention and granted bail accordingly.
The completion of investigation, absence of further recovery, and the likelihood of trial taking time are relevant factors in considering bail for an accused.
Prolonged detention without examination of key witnesses may lead to the grant of bail, as further detention may not serve any useful purpose.
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