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TMI Blog2019 (1) TMI 1499X X X X Extracts X X X X X X X X Extracts X X X X ..... other co-accused persons who have been granted bail, as the recovery of bribe money is recovered only from the possession of accused-applicant and no explanation of this possession has been given by accused-applicant - The ground of parity is not available to the accused-applicant. Apart from this the argument of the learned counsel for the accused-applicant that charge-sheet has also been filed in the matter, is also of no help to him as when the first application of bail was rejected by this Court as well as by the Hon ble Supreme Court, at that time also charge-sheet had been submitted. Considering all facts and circumstances of the case and rival contentions of the learned counsels and keeping in view the gravity of offence vis-a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the above mentioned order of the Hon ble Supreme Court, this second bail application has been moved by the accused-applicant- Saurabh Pandey. The case of the prosecution as emerges from record is that on the basis of some reliable information that Sri Sansar Chand, Commissioner CGST and Central Excise, Kanpur was heading an organization indulged in systematic collection of illegal gratification in connection with matters pertaining to Central Excise Department under his jurisdiction and Sri Ajay Srivastava, Sri Aman Shah, Sri Rajeev Singh Chandel, all Superintendents in the office of Commissioner, Customs and Central Excise, Kanpur and Sri Saurabh Pandey, P.A. to Sri Sansar Chand are involved in this conspiracy and they contacted M/s Rim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d bribe of ₹ 3 lacs quarterly, after bargaining both sides were agreed for ₹ 1.5 lacs quarterly. First installment was paid in November, 2017 and second installment was due in the first week of February, 2018. For payment of second installment of ₹ 1.5 lacs Sri Sansar Chand started pressurizing Sri Manish Sharma by getting notices issued through his subordinates namely Sri Ajay Srivastava, Sri Aman Shah and Rajeev Singh Chandel as well as through Amit Awasthi, the counsel of M/s Shishu Soap and Chemical Private Limited. Manish Sharma agreed to pay illegal gratification of ₹ 1.5 lacs to Sri Sansar Chand on 02.02.2018. Accordingly, he handed over the amount to employee namely Sri Suresh Kumar Singh @ Gore who directed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been submitted by C.B.I. in the matter on 02.04.2018. (vii) Even if, the prosecution story is believed on its face value, the currency notes of ₹ 1,50,000/- found allegedly on the table was to be delivered to co-accused- Sansar Chand and the bribe money which was brought by Suresh Kumar Singh, an employee of Manish Sharma, Director of M/s Shishu Soap Chemicals Pvt. Ltd. Suresh Kumar Singh was never handed over to accused-applicant. (viii) Accused-applicant was not aware that the bribe money is contained in packets brought by Suresh Kumar Singh. Main accused Sansar Chand has been released on bail and the accused-applicant have made a scape goat. Learned counsel for the accused while pressing the above mentioned points overwhe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bail application of the accused-applicant and the second bail application of accused-applicant is also liable to be rejected. After hearing the arguments on behalf of the accused-applicant and learned Special Counsel for C.B.I., I have perused the record in the light of rival submissions made by learned counsels. As per the prosecution case there is evidence that accused-applicant had full knowledge that Suresh Kumar Singh @ Gorey is coming with bribe money of ₹ 1,50,000/- and before accepting the illegal gratification he talked with co-accused- Sri Aman Shah and thereafter he accepted the bribe money and this money was recovered from the possession of accused-applicant in presence of two independent witnesses. During recovery ..... X X X X Extracts X X X X X X X X Extracts X X X X
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