The main legal point established is the interpretation of the definition of 'public servant' under the relevant acts and the court's emphasis on preventing corruption.

JUDGMENT

Alok Kumar Verma, J. - This First Bail Application has been filed for grant of regular bail in connection with Case Crime No.04 of 2018, registered with Vigilance Establishment Sector Dehradun, District Dehradun for the offences punishable under Section 7/13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ' the Act, 1988').

2. Facts, to the limited extent necessary are that a complaint was given by the complainant-Shyam Narayan Yadav, Technical Officer of Mohammedpur Bujurg Kisan Sewa Sahakari Samiti Ltd. to the Superintendent of Police, Vigilance Sector, Dehradun, complaining unlawful conduct of the applicant-accused demanding illegal gratification of Rs.38,000/- in order to make clear balance dues of the complainant for the period of his suspension. Thereafter, the Superintendent of Police, Vigilance made an inquiry of the complaint through his subordinate officer and passed an order to constitute a trap team in the leadership of the Inspector Prakash Singh and in compliance of the order passed by Superintendent of Police, Vigilance, a trap team was constituted and trapped the applicant/accused red handed with Rs.38,000/- as the said amount was given by the complainant to the applicant/accused on 05.07.2018 as gratification. The said amount was received by the applicant/accused which was mixed with phenolphthalein powder.

3. Heard Mr. Aditya Singh, learned counsel appearing for the applicant/accused and Mr. Saurabh Pandey, learned Brief Holder for the State of Uttarakhand.

4. The learned counsel appearing for the applicant/ accused submits that the applicant is an innocent person; he is in custody since 05.07.2018; the story of the FIR is based on false and frivolous allegations; the complainant had received his money of his suspension period; the date of birth of the complainant dated 01.10.1957 was recorded in the Society; the date of his appointment was 31.01.1980; his educational qualification is B.Sc. and M.A.; the applicant/accused had issued a notice on behalf of the Cooperative Society on 22.05.2018 mentioning therein that if the complainant did not submit the proper certificate within a week, then it was presumed that he (the complainant) was retired on 30.09.2017; the notice was received by the complainant on 26.05.2018; the whole story was concocted by the complainant with the vigilance department and roped the applicant; there is a clear violation of Article 19 of the Constitution of India as well as the Act, 1988; the applicant never demanded the bribe for the alleged work; the applicant is not a public servant within the meaning of Clause (ix) of Section 2(c) of the Act, 1988.

5. The learned Brief Holder appearing for the State of Uttarakhand submits that the applicant/accused is a Samiti Sachiv/Managing Director of Mohammedpur Bujurg Kisan Sewa Sahakari Samiti Limited, Vikas Khand, Laksar, District Haridwar and the said Samiti does not receive any financial assistance/aid from the State Government, however, the said Samiti is under the control and is governed by the Uttarakhand Co-operative Societies Act, 2003 (hereinafter referred to as 'the Act'), therefore, the applicant falls within the comprehensive definition of public servant as contained in Sub Clause (iii) and (viii) of Clause (c) of Section 2 of the Act, 1988; the applicant is a public servant. In support of his submissions, the learned Brief Holder appearing for the State of Uttarakhand has placed reliance on Section 44 of the Act. However, the learned Brief Holder has not been able to show how this matter is covered under Section 44 of the Act for deciding the dispute as raised between the parties regarding public servant; Section 44 reads as follows:-

"44. Direct partnership of State Govt. in societies. -

(1) (a) The State Govt. may subscribe directly to the share capital of a society with limited liability, upon such terms & conditions as may be agreed upon:

(b) Indirect partnership of S