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ANOOP CHITKARA
Daulat Ram Bhaskar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Anoop Chitkara, J.
| FIR No. | Dated | Police Station | Sections |
| 0021 | 05.09.2023 | ACB, Faridabad, District Anti Corruption Bureau, Haryana | 120-B, 166, 167, 201, 218, 406, 409, 420 IPC and 13(2), 13(1) (a), 7 of PC Act, 1988 |
The petitioner, posted as a Chief Engineer in Municipal Corporation, Faridabad, now retired, on the allegations of approving the sanction of funds to the contractor in contravention to the rules and that the work was never carried out, had come up before this Court under Section 438 CrPC seeking anticipatory bail.
2. Vide order dated 09.10.2023, this Court had granted interim anticipatory bail to the petitioner. After that, the matter was argued on several dates, and on 13.12.2023, the matter was reserved. However, while dictating the judgment, this Court wanted some more clarifications, particularly that the petitioner had projected that he was thoroughly honest and fully committed to the job and never took undue advantage; as such, this Court asked him to demonstrate his honesty by filing an affidavit, declaring his assets as well as of his spouse. On 04.01.2024, counsel for the petitioner made a statement that they have voluntarily
The court ruled that anticipatory bail was justified due to insufficient grounds for custodial interrogation, highlighting the need for careful consideration of allegations and evidence in corruption....
Procedural violations in public procurement can constitute criminal misconduct under the Prevention of Corruption Act, highlighting the need for transparency and adherence to regulations in awarding ....
The main legal point established in the judgment is that the violation of financial rules, sham tender process, and evidence of conspiracy to favor a specific contractor constituted a prima facie cas....
Multiple inquiries into the same allegations infringe upon the right to a fair trial under Article 21, justifying the grant of anticipatory bail.
The judgment emphasizes the need for establishing criminal conspiracy beyond reasonable doubt and the requirement of dishonest intention for the offense of cheating under Section 420 IPC.
In tender-related fraud cases, a conspiracy can be inferred from circumstantial evidence, allowing for charge framing even without direct evidence.
The main legal point established in the judgment is that conspiracy can be proven by circumstantial evidence, and the material on record must be evaluated to determine the existence of the ingredient....
Anticipatory bail may be granted in non-bailable offences if the accused is a first offender and the evidence is primarily documentary, provided they comply with conditions set by the court.
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