A record keeper at Delhi’s Rouse Avenue Court accused of taking bribes Today (June 11) took back his anticipatory bail plea. The Delhi High Court allowed the withdrawal, giving liberty to file it again in future.
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NEW DELHI: A record keeper (ahlmad) named Mukesh Kumar, working at the Rouse Avenue Court, is accused of taking bribes. The Anti-Corruption Bureau (ACB) registered a case against him under serious sections of the Prevention of Corruption Act and Bharatiya Nyaya Sanhita (BNS).
Today, Mukesh Kumar decided to take back his anticipatory bail plea from the Delhi High Court. The hearing was supposed to take place that day, but before that, his lawyer informed the Court that Kumar did not want to continue with the plea.
Justice Tejas Karia heard the matter and allowed him to withdraw the petition. Advocate Ayush Jain, who appeared for Mukesh Kumar, said in court that the ACB should follow the proper legal process. Jain told the court that the ACB must give notice to Kumar under Section 41 of the Code of Criminal Procedure (CrPC) before asking him to join the investigation.
He also said that,
“An advocate should be present when Kumar gives his statement.”
In response to this, Additional Standing Counsel Sanjeev Bhandari, who was representing ACB, said in court:
“ACB would follow the law.”
After hearing both sides, the Court officially dismissed the bail plea as withdrawn. However, the Court gave Mukesh Kumar the freedom to file a new plea later if he wanted.
On May 16, the ACB filed a formal case against Mukesh Kumar under Section 7/13 of the Prevention of Corruption (PC) Act and the Bharatiya Nyaya Sanhita (BNS). The allegation is that Kumar took bribes from some accused persons in exchange for helping them get bail in their cases.
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Even before this FIR was filed, in January, the ACB had written a letter to the Law Secretary of the Delhi Government asking for permission to investigate a judge. They also gave some evidence related to both the judge and the ahlmad (Mukesh Kumar) to the High Court on its administrative side.
The High Court, in February, replied to the ACB’s request. The Court said that while ACB was free to continue its investigation regarding the complaints they received, there was not enough proof to allow them to investigate the judge.
The Court clearly stated:
“Accordingly, presently there is no requirement to grant permission qua the said Judicial Officer. However, the investigating agency is at liberty to carry on with the investigation with respect to the complaints received by them.”
Mukesh Kumar, in his defence, has claimed that the whole matter is a false story created by some ACB officers. He said they are trying to trap the judge who gave decisions against ACB earlier.
Even though Kumar has not got any protection from being arrested, another person linked to the case, Vishal Kumar, has recently been granted regular bail by the trial court. As per ACB, Vishal Kumar had paid bribe money to Mukesh Kumar to get bail in a different case.
Now, Vishal Kumar has taken another big step. He has requested the Joint Commissioner of Police, ACB, to let him become an approver in this bribery case. That means he wants to help the investigation by giving full details. Even though ACB was against granting him bail, they did tell the court that he had given full information.
So, the trial court decided that Vishal Kumar did not need to stay in custody anymore and gave him bail.
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