Rouse Avenue Court ahlmad accused of bribery withdraws anticipatory bail plea in Delhi High Court

The Rouse Avenue Court ahlmad (record keeper) who has been accused of bribery by the Anti-Corruption Bureau (ACB) withdrew his anticipatory bail plea from the Delhi High Court on Wednesday..The High Court had recently transferred a Special Judge (PC Act) from the Rouse Avenue Court to North-West, Rohini after the ahlmad Mukesh Kumar was booked. Today, the Court was scheduled to hear arguments on Kumar's anticipatory bail plea. However, he chose to withdraw it. Justice Tejas Karia allowed the withdrawal of the plea..Advocate Ayush Jain, while seeking withdrawal of Kumar's plea, submitted that the ACB should be directed to comply with the procedure for sending notice to the accused under Section 41 of the Code of Criminal Procedure (CrPC) for joining investigation.Jain also said that an advocate should be present when Kumar gives his statement. In response, Additional Standing Counsel Sanjeev Bhandari submitted that ACB would follow the law.The Court then dismissed the plea as withdrawn, with a liberty to file a fresh plea..On May 16, the ACB registered a case against Kumar under Section 7/13 of the Prevention of Corruption (PC) Act and the Bharatiya Nyaya Sanhita (BNS). It has been alleged that the ahlmad had demanded and received bribes from certain accused to ensure their bail. Prior to the registration of the first information report (FIR), the ACB had in January written to the Law Secretary of the Delhi government seeking permission to probe the judge. It also submitted the material against the judge and the ahlmad to the High Court on administrative side. As per the ACB, the High Court in February responded that the investigating agency was at liberty to probe the allegations further. However, the High Court was also of the view that the ACB did not have "sufficient material" for it to grant permission for a probe against the judge."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," the High Court wrote in response..The ahlmad has alleged that the entire episode is part of the plot by certain ACB officers to implicate the judge who had passed unfavourable orders against the agency.While the ahlmad has not received any protection from arrest in the case, a co-accused, Vishal Kumar, was recently granted regular bail by the trial court. Vishal Kumar, as per the ACB, had secured bail in another case against payment of a bribe to the ahlmad.Interestingly, Vishal Kumar has moved an application before the Joint Commissioner of Police, ACB, for becoming an approver in this case. Even then, the ACB had opposed his plea for bail but conceded that he has disclosed all the facts. The trial court then concluded that his further custody was not required and granted him bail. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.