The court granted bail to petitioners as they were not public servants, had no direct involvement in the alleged crime, and no incriminating evidence was found against them.

JUDGMENT

Vikas Bahl, J. (Oral)

This order of mine shall dispose of two petitions i.e., CRM-M- 54670-2023 and CRM-M-54981-2023 filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner(s) in FIR No.21 dated 24.09.2023 registered under Sections 13(1)(A) read with section 13(2) of the Prevention of Corruption Act, 1988 (as amended by Amendment Act of 2018), Sections 420, 409, 467, 468, 471, 120B of Indian Penal Code, 1860 and sections 66(C) and 66(D) of the Information Technology Act, 2000 at Police Station Vigilance Bureau, Bathinda, District Bathinda.

2. CRM-M-54670-2023 has been filed by two petitioners namely Rajiv Kumar and Vikas Arora and CRM-M-54981-2023 has been filed by the petitioner-Amandeep Singh. With the consent of learned counsel for the parties, CRM-M-54670-2023 is being taken up as the lead case and the facts are being noticed from the said case.

3. Brief facts of the case are that FIR No.21 dated 24.09.2023 was registered in pursuance of a complaint bearing No.11 of 2022 made by Sarup Chand Singla, Ex. MLA, Bathinda (Urban) on the allegations that between the years 2018 and 2021 when Manpreet Singh Badal was the Finance Minister of Punjab and had political influence, he hatched a conspiracy for purchasing plots situated near TV Tower at Model Town, Phase-1, Bathinda. It was alleged that in the e-auction held in the year 2018, the map of the site was not uploaded and on account of the same, no bidder had come to take part in the process and in the said year, the reserve price for the plots in question was fixed as Rs.29,900/- per square meter. It is alleged that in the year 2021, the auction was done on the same reserve price and the reason cited for the same was that the auction of the plots was held in the year 2018 and the plots could not be sold at the said price and that in the year 2021, at the time of auction of these plots which had taken place from 17.09.2021 to 27.09.2021, in the map which was uploaded in the e-auction portal, the nature of the land of the plots in questions was shown as commercial instead of residential and the plot numbers were not mentioned and thus, the information regarding plots no.725 (subsequently 725-C) and 726 which were to be purchased by Manpreet Singh Badal, were in the exclusive knowledge of the petitioner-Rajiv Kumar, Vikas Arora, Amandeep Singh and Manpreet Singh Badal and all of them connived together in the auction to get the plots in question transferred in favour of Manpreet Singh Badal at a lower price and the three petitioners had filed the bid through Sanjiv Kumar Advocate and the bids were filed using the office computer of said Sanjiv Kumar, Advocate and all the three persons had filed the bids from one IP Address. It is also alleged that bid of plot No.725 (later 725-C) was finalized in the name of the petitioner-Rajiv Kumar and that of plot No.726, in the name of Vikas Arora and the same was finalized at Rs.30,348.5 per square meter. It is further alleged that Manpreet Singh Badal had executed an agreement to sell on stamp papers of Rs.100/- each with the aforesaid persons on 04.10.2021 for purchasing the said plots and that the stamp papers for the same agreement were purchased on 30.09.2021 whereas the allotment letters were issued in the name of the petitioner-Rajiv Kumar and Vikas Arora on 08.10.2021 by the office of B.D.A., Bathinda and as such, the execution of the agreement to sell was prior in time to the date of allotment dated 08.10.2021 and that 25% of the earnest money to be deposited with PUDA, as advance money, was from the account of Manpreet Singh Badal through the accounts of the allottees. It is alleged in the FIR that auction of plot No.727 of Model Town, Phase-1, Bathinda was got done under the new regime from 11.04.2022 to 21.04.2022 by fixing reserve price at Rs.28,800/- where several persons had participated and final bid came to Rs.35,280/- per square meter and thus, the neighbouring plot was sold after a period of 6 mon