TEJINDER SINGH DHINDSA,J. - (1.) Petitioner seeks benefit of regular bail pending trial in case No.RCCHG2015A0016 dated 13.08.2015, under Sections 120- B, IPC read with Sections 8, 17, 13(2) read with Section 13(1) (d) of PC Act 1988, registered by CBI, Chandigarh.
(2.) Brief facts that would require notice are that the present case was registered in CBI, ACB Chandigarh on 13.08.2015 on the basis of a complaint dated 12.08.2015 made by Smt. Guneet Kaur and a verification report dated 13.08.2015 of Sh. Mohinder Ram, Sub Inspector, CBI ACB, Chandigarh. Complainant has alleged that Smt. Deepa Duggal had got FIR No.375 dated 26.12.2014 under Sections 120-B, 420, 511, 468 and 471 IPC registered against the parents of the complainant, namely, Shri Gurkirpal Singh Chawla, Smt. Jagjit Kaur Chawla as also brother Harmit Singh Chawla in the Economic Offences Wing, UT Police, Sector 17, Chandigarh. The case was in the process of investigation and Sh. Surinder Kumar, Sub Inspector (Present petitioner) was the Investigating Officer of the case under the supervision of Sh. Ram Chander Meena, Deputy Superintendent of Police, EOW Branch, UT Police. Sh. Aman Grover is the son-in-law of Smt. Deepa Duggal and Sh. Sanjay Dahuja is his friend. Complainant stated that the police was trying to arrest her parents and brother and on account of fear of arrest they were hiding themselves. Allegations are that on 11.08.2015, Aman Grover son-in-law of Smt. Deepa Duggal had contacted the complainant and informed her that Sanjay Dahuja was in contact with Ram Chander Meena, DSP and present petitioner and further told the complainant that aforenoticed two police officials were demanding bribe of a sum of L 75 lacs through Sanjay Dahuja for not arresting her parents and brother as also to effect a compromise in the matter. Apparently, in the exercise of a verification conducted by Sh. Mohinder Ram, Sub Inspector, CBI, ACB Chandigarh it came to be revealed that on the request of complainant Guneet Kaur, accused persons, namely, Sanjay Dahuja and Aman Grover agreed to accept bribe of L 70 lacs i.e. L 40 lacs in cash to be paid to the police officials of EOW, UT Police, Chandigarh and a post-dated cheque of L 30 lacs for Aman Grover himself. After registration of the case on 13.08.2015 a trap was laid by the CBI, Chandigarh in which Sanjay Dahuja was caught while demanding and accepting the bribe of L 40 lacs in cash and Aman Grover while demanding and accepting a post-dated cheque of L 30 lacs in the name of his mother-in-law Smt. Deepa Duggal from the complainant in the presence of independent witnesses, namely, Mandeep Kang and Manish Kumar. The bribe money of L 40 lacs is stated to have been recovered from Sanjay Dahuja and the post-dated cheque of L 30 lacs from Aman Grover. Sanjay Dahuja, at that point of time was to make a phone call to Ram Chander Meena, DSP for further delivery of bribe amount to him. Accordingly, a digital voice recorder was got ready for recording the conversation between Sanjay Dahuja and Ram Chander Meena. However, in the meanwhile, a phone call is stated to have been received from Ram Chander Meena, DSP on the mobile of Sanjay Dahuja and such call was recorded in the digital voice recorder. Such conversation is stated to clearly establish that Sanjay Dahuja had demanded and accepted the bribe amounting to L 40 lacs on behalf of Ram Chander Meena and who in turn had directed Sanjay Dahuja to keep the money with him as he would be coming after some time. On such broad allegations, Sanjay Dahuja, Aman Grover and Ram Chander Meena, DSP and Surinder Kumar, Sub Inspector (present petitioner) were arrested on 13.08.2015.
(3.) Present petitioner preferred two regular bail applications before the trial Court and which had been declined vide orders dated 17.09.2014 and 21.10.2015. It is under such circumstances that the instant petition under Section 439 Cr.P.C. has been filed before this Court.;