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2020 (9) TMI 884

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..... of ₹ 64 lacs was recovered from his house. Therefore looking into the serious allegations against the petitioner, which suggest his active involvement in the case, custodial investigation of the petitioner is required - Petition dismissed. - CRM-M-27988-2020 - - - Dated:- 17-9-2020 - HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN Present: Mr. Vinod Ghai, Senior Advocate with Ms. Kanika Ahuja, Advocate for the petitioner. Ms. Shubhra Singh, Advocate for the respondent-CBI. (through video conferencing) ARVIND SINGH SANGWAN, J. Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.RC0052020A013 dated 13.8.2020 registered under Section 120-B IPC and Section 7 of the Prevention of Co .....

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..... received a phone call from the petitioner, wherein he in a coded language stated WO SAMAAN TEEN KILO HI NIKLA HAI , meaning thereby, the amount was ₹ 03 lacs only. On this, the complainant was directed to come to the office of the petitioner. It is the further case of the CBI that since the complainant did not want to make the payment of bribe, he made a complaint on 10.8.2020 to the SP, CBI/ACB, Chandigarh. Accordingly, the complainant reached the office of CBI and a trap was prepared by putting a spy camera on the person of complainant Manoj Kalra by inserting a fresh memory card, by putting it inside the shirt of the complainant. Thereafter, the complainant along with Chander Mohan, Director of the company went to meet th .....

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..... nior counsel for the petitioner has argued that, in fact, the petitioner is not previously involved in any case and has gone to the factory of complainant to perform his duties and certain lapses were found regarding payment of GST @ 12%, instead of 18%. Therefore, the petitioner is falsely involved in this case. Learned senior counsel further submit that as per the CCTV footage of 6.8.2020, the complainant is shown to be keeping some bag, however, the money is not visible. Learned senior counsel further argued that on 14.8.2020, as per the CBI version, there were many police officials to trap the petitioner and Kuldeep Hooda, at the spot but it is unbelievable that they ran away by abandoning the Creta car. Learned senior counsel further s .....

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..... r was demanding the bribe and when complainant asked about the amount, he has stated that whatever is fixed, the complainant should pay. It is further argued that when co-accused Kuldeep Hooda was arrested an unaccountable amount of ₹ 64 Lacs was recovered and the presence of the petitioner on all the relevant dates, I..e. 6.8.2020 at the premises of the complaint, on 10.8.2020 in the office of the petitioner, and on 14.8.2020 at the place where the trap was laid is proved. Learned counsel for the CBI has further argued that the Creta car admittedly belong to the petitioner and same was found abandoned by him on the date when the trap was laid at Bahalgarh, on Delhi-Chandigarh Highway and there is no explanation as to how his car reac .....

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..... threw the bag on the back seat of the car and escaped away from the moving car. Later on, the petitioner abandoned his Cretra car near big Mama Confectionery Shop on Delhi-Chandigarh Highway and from the car, the marked currency of ₹ 06 lacs was recovered by the CBI official in the presence of the independent witnesses; (iv) The argument raised by the counsel for the petitioner that the petitioner has been falsely implicated on account of a raid conducted by him for checking the difference of 6% GST to be paid by the complainant is a matter of evidence; and (v) It is undisputed fact that co-accused Kuldeep Hooda was arrested on the next day, i.e. 15.8.2020 and a huge unaccounted amount of ₹ 64 lacs was recovered from .....

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