The Allahabad High Court has allowed the conditional bail of Ira Mittal, senior station in-charge at UPSRTC, Sikandrabad, district-Bulandshahr, depot on bribery charges.
A Single Bench of Justice Raj Beer Singh passed this order while hearing a Criminal Misc Bail Application filed by Smt Ira Mittal.
The bail application has been filed on behalf of the applicant in Case under Section-7 of the Prevention of Corruption Act, 1988, P. S-Sikandrabad, district- Bulandshahr with the prayer to enlarge the applicant on bail during trial.
According to the prosecution version, the applicant/accused was working as Senior Station Incharge at UPSRTC, Sikandrabad, district-Bulandshahr.
The de-facto complainant was working as conductor on contractual basis. On 29.6.2023 while the applicant came after duty on Bus, as per ETIM machine report an amount of Rs 52086/- was shown, but in computer ETIM cash report, the amount was being shown Rs 1,10,505/- and accordingly, an amount of Rs 52086/- was deposited in the depot but since then, the applicant was not being assigned any duty.
On 20.7.2023 when the de-facto complainant met the applicant, she demanded an amount of Rs 40,000/- for providing him duty. The de-facto complainant reported the matter to the Anti Corruption Establishment and thereafter on 26.7.2023 a trap team was constituted and the Incharge of trap team along with witness Yogendra Pal and de-facto complainant, entered into the office of applicant-accused and she reiterated her demand of Rs 40,000/- and at the same time, the complainant has given an amount of Rs 40,000/- to her, which was kept by her in the drawer of her table. The trap team apprehended the applicant and the said bribe amount of Rs 40,000/- was recovered from the drawer of the table of the applicant-accused.
The Senior Advocate submitted that the applicant is innocent and she has been falsely implicated in the case. In fact, before the incident some discrepancy was found in the fare amount pertaining to de-facto complainant Satyendra Kumar and thereafter a show cause notice was issued on 27.7.2023 to the de-facto complainant to reply to the alleged discrepancy. In departmental enquiry it was found that the de-facto complainant had manipulated the ETIM machine due to which there had been a difference in the amount generated between the ETIM machine and computer generated amount and eventually the defacto complainant was terminated and a report was also lodged against him.
Being aggrieved of the alleged discrepancy in the amount, the de-facto complainant has falsely implicated the applicant in the case by showing a false incident. It is not probable that in the presence of the Incharge of trap team and one more witness, the applicant-accused would accept the alleged bribe amount. Even according to the prosecution version, the alleged recovery was shown from the drawer of the table of the applicant.
It is further submitted that the applicant is an old lady suffering from several ailments and that there is no credible evidence against her. The applicant is a lady of clean antecedents and she is a decorated officer.
Lastly, it was submitted that investigation is already complete and the applicant is in jail since 27.7.2023 and thus she has already undergone detention of about four months and that in case, the applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
A.G.A has opposed the application and submitted that while working as Station Incharge of UPSRTC Sikandrabad, district-Bulandshahr, she has demanded an amount of Rs 40,000/- from the de-facto complainant for providing him duty, who was working as a conductor on contractual basis, and that the applicant was apprehended while she has accepted bribe of Rs 40,000/- from the de facto complainant.
“Considering the submissions of counsel for the parties, nature of accusations and the fact that the applicant accused is a lady and she has already undergone detention of about four months and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out”, the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant-Smt Ira Mittal involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
i. The applicant will not tamper with the evidence during trial.
ii. The applicant will not pressurize/intimidate the prosecution witnesses.
Iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
iv. The applicant will not try to contact, threaten or otherwise influence the complainant or any of the witnesses of the case.
In case of breach of any of the above conditions, the court concerned shall be at liberty to cancel the bail of the applicant, in accordance with law.
The post Allahabad High Court grants bail to Senior Station Incharge of UPSRTC in bribery case appeared first on India Legal.