Bail is the rule and committal to jail is an exception, and the purpose of detention during trial is to secure the attendance of the accused.

JUDGMENT

Alok Kumar Verma, J. - Present First Bail Application has been filed for grant of regular bail in connection with Case Crime No.2 of 2022, registered with Police Station Vigilance Sector, Dehradun, District Dehradun for the offence punishable under Section 7 of the Prevention of Corruption, 1988 and Section 120B of the Indian Penal Code, 1860.

2. Facts of the present case, in brief, are that the complainant-Mahesh Chandra Agarwal had moved an application to the Superintendent of Police, Vigilance Sector, Dehradun on 25.02.2022 to the effect that the complainant has retired on 30.04.2008 from the post of Junior Engineer from Maneri Bhali Project under Irrigation Department. Due to deduction in his pension amount, he had filed a claim petition before the Tribunal concerned. The Tribunal concerned had directed the Department to pay the deducted amount with interest. Against the said decision, the Department had filed a writ petition before this Court. The High Court had directed the Department to pay the amount in compliance with the order of the Tribunal. On 22.02.2022, the complainant received a call from Anil Kumar Purohit, Section Officer, Irrigation Department, on his mobile phone no.9760039627 from mobile phone no.9927699051. He called complainant to the Secretariat for some clarification regarding the payment. On 24.02.2022, the complainant along with his younger son went to the Secretariat. Anil Kumar Purohit and Kamleshwar Prasad Thapliyal (present applicant-accused) were present in their office. They demanded a bribe of Rs.1.00 Lakh from the complainant for not filing Special Leave Petition and to clear his dues. After showing his inability to pay the said amount by the complainant, they were ready to take Rs.80,000/-. The said conversation was recorded by his son namely, Krishan Chandra Agarwal on his mobile. The present applicant again called the complainant from his mobile phone no.9927699965 on the above mentioned mobile phone number of the complainant and told him to come in his office on 25.02.2022 at 05.00 p.m. On 28.02.2022 at about 19.02 hrs., a Team of Vigilance, Headed by Inspector Manoj Rawat, arrested the present applicant from near the Gate No.3 of the Secretariat, Dehradun and recovered Rs.75,000/- from his possession, which was given by the complainant's son Krishan Chandra Agarwal to the applicant in lieu of making in the payment of pension along with interest. After the said recovery, present applicant was taken by the Trap Team to a Hotel, namely Shivam Hotel, Tyagi Road, Dehradun and in the said Hotel, the said money i.e. Rs.75,000/- was recovered again from the pocket of the present applicant. The First Information Report was lodged on 01.03.2022 at 04.10 hrs. After the completion of the investigation, charge sheet has been filed.

3. Heard Mr. Sandeep Tandon with Ms. Tajaswina Sagar, learned counsel for the applicant, and Mr. T.C. Agarwal, learned Deputy Advocate General for the State.

4. Mr. Sandeep Tandon, learned counsel for the applicant, submitted that the applicant has been falsely implicated in the present matter. In the counter affidavit of the respondent, it has been specifically mentioned that the order for grant of pension was already passed in favour of the complainant by the competent authorities, whereas, the applicant, Review Officer, has no authority to pass or reject the pension of the complainant; no recovery memo or any document regarding arrest or the alleged recovery were prepared at the alleged spot of the arrest. He argued that according to the present case, when the money was recovered from the possession of the applicant at the place of arrest under what circumstances, the said money was recovered again from his pocket in the Hotel.

5. The said fact, regarding the recovery of money in the hotel, could not be clarified by the respondent in the counter affidavit, filed by the Investigating Officer, therefore, on 20.12.2022, learned counsel appearing for the State had reque