Allowed

Neeraj Gaur v. State of Haryana

Punjab & Haryana HC22 Nov 2023CRM-M/49633/2023

Case brief

AI extract

What is this about?

BJP petitioner Neeraj Gaur approached the Punjab and Haryana High Court under Section 438 CrPC seeking anticipatory bail. The court allowed the bail application, making the interim order absolute with conditions regarding joining investigation.

What did the court decide?

Interim bail order dated 03.10.2023 made absolute with conditions to join investigation as and when called upon.

Neeraj Gaur Vs State of Haryana — Corruption | Punjab & Haryana HC (2023)

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2023:PHHC:148592

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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248-2

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CRM-M-49633-2023

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Date of Decision: 22.11.2023

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Neeraj Gaur ......... Pe��oner

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Versus

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State of Haryana ......... Respondent

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present:Mr. Rakesh Nehra, Senior Advocate with Ms. Aastha Sahotra, Advocate and Ms. Rashi Sherawat, Advocate for the pe��oner.

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Mr. Rajat Gautam, Addl. A.G. Haryana.

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ANOOP CHITKARA, J. (ORAL)

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FIR No.	Dated	Police Sta�on	Sec�ons
20	06.09.2023	An� Corrup�on Bureau,	7, 8, 13 of	Preven�on of
		Karnal	Corrup�on Act, IPC	1988 and 120-B

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The pe��oner apprehending the arrest in the FIR cap�oned above, has come

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up before this Court under Sec�on 438 CrPC seeking bail.

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Vide order dated 03.10.2023, this Court had granted interim bail to the

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pe��oner which is con�nuing �ll date.

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In compliance of order dated 21.11.2023 passed by this Court, the pe��oner

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is present in the Court.

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Prosecu�on’s case is that Neeraj Gaur (present pe��oner) and Brij Mohan Singh are Director and Opera�on Sales Manager respec�vely of M/s Mygene Life Solu�on Company who are channel partner of Thermofisher Scien�fic Company (Invitrogen Bioservices India Pvt. Ltd.) in whose favour rate contract was awarded and it is manifestly clear from the video recording of conversa�on between Dr. Rajiv Kawatra and the present

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JYOTI 2023.11.22 15:56 I attest to the accuracy and applicants as also Chandra Bhanu, official of Thermofisher Scien�fic Company that undue integrity of this order/judgment.

2023:PHHC:148592

CRM-M-49633-2023

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advantage had been demanded by Dr. Anita Kadiyan in the ma�er of award of rate contract for the purchase of DNA/PCR kits and its supply. Even at the �me when the mee�ng was held at Chandigarh for finaliza�on of bid for rate contract, Dr. Anit Kadiyan is shown to have met Brij Mohan Singh at a coffee shop in Panchkula which was followed by subsequent visits by the pe��oner to her residence where in compliance of demand made by Dr. Anita Kadiyan a sum of Rs.11 lacs bribe was paid to her by the pe��oner with the ac�ve complicity and connivance of pe��oner and co-accused Chandra Bhanu.

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In the en�rety of facts and circumstances, considering the fact that pe��oner appeared to have been compelled to pay the bribe, the present pe��on is allowed and interim order dated 03.10.2023 is made absolute subject to the condi�on that in case the pe��oner does not mend his ways and repeats the offence or indulge in criminal behaviour, then in all future ma�ers, the concerned courts shall keep it in mind that this Court had advised the pe��oner not to repeat the offence but he did not heed to such advice. It is further clarified that pe��oner is directed to join inves�ga�on as and when called upon to do so by the inves�gator.

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State counsel submits that the order of gran�ng bail to the pe��oner should not be taken as precedent while considering the bail of main accused. Request is genuine and the same is allowed. Since the case of the pe��oner is on different foo�ng, as such, this order shall not be taken as precedent.

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(ANOOP CHITKARA) JUDGE

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22.11.2023

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Jyo�-II

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Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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JYOTI 2023.11.22 15:56 I attest to the accuracy and integrity of this order/judgment.

Neeraj Gaur v. State of Haryana

Case brief

What is this about?

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Neeraj Gaur v. State of Haryana

Case brief

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