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The witness was declared hostile on material points and on being cross examined by L.d PP for CBI he stated that he does not know whether his statement was recorded by CBI. The witness was confronted with his statement u/s/ 161 Cr.P.C. Ex.PW9/Q. He admitted that when he had visited CBI Office on 31.01.2007, Sh. Gurmeet Singh Wadalia was present in the CBI Office. He denied that any complaint was shown to him by Sh. Gurmeet Singh Wadalia pertaining to the demand of bribe of Rs. 15 lakhs by ACP Rakesh Bansal and Sub Inspector Jagdish Kumar. He also denied that the complaint had been verified. He also denied that Sh. Wadalia had produced a sum of Rs. 1.5 Lakhs before the IO to be used as trap money. He stated that he did not notice whether the distinctive numbers of GC notes were recorded in the Handing Over Memo in pre­trap proceedings in his presence. He admitted that the audio cassette had been shown to him CC No. 09/12 State (CBI) Vs. Dr. Rakesh Kumar Bansal & Another Page No. 25 of 76 by Inspector D.K. Thakur and they were told that the conversation between the complainant and two police officials were recorded in it, but the cassette was not played in his presence and therefore, he cannot state whether it related to the demand of bribe by accused persons from the complainant. He admitted that Phenolphthalein powder, arranged from Malkhana, CBI was applied on the GC notes produced by the complainant and the procedure as to how it works was explained. He admitted that before proceeding at the spot, one digital voice recorder was arranged and was handed over to the complainant with the direction to switch on the recorder before approaching accused. He stated that he had not heard the complainant having any telephonic conversation that the person on the other end had agreed to meet the complainant near Hyatt Hotel. He denied the other contents of the statement pertaining to the post trap proceedings. He denied that complainant gave a signal by scratching his head by right hand after completion of transaction of bribe. He denied that accused was seen talking to the complainant. He denied that he had told the IO that accused was apprehended by wrist of right hand and left hand by CBI team members. He stated that a lot of public persons had gathered at the spot, therefore, they had gone to a vacant plot of land to record the proceedings. He denied that accused had informed CBI team members that the bribe money was kept inside the glove box of his car. He also denied that the complainant had narrated the events and informed the demand of accused Jagdish Kumar and handed over the CC No. 09/12 State (CBI) Vs. Dr. Rakesh Kumar Bansal & Another Page No. 26 of 76 tainted bribe amount to accused. He denied that the alleged bribe money was recovered from the Glove Box of car of accused at his instance. He also denied the rest of the post trap proceedings regarding preparation of documents, hand washes etc. He denied that on being questioned by CBI officials, Jagdish Kumar had stated that he had taken bribe amount ofRs.1.5 Lakhs on the directions of Rakesh Bansal.

While the complainant was in the office, he had contacted accused Jagdish Kumar on his mobile phone and asked about the place and time for meeting. Accused Jagdish Kumar had informed him to come to his crime branch office at Sector­8, R.K. Puram. The complainant told him to come to Hyatt Hotel, Bhikaji Cama Place, New Delhi. This confirmed the demand of the bribe amount by the accused persons.

CC No. 09/12 State (CBI) Vs. Dr. Rakesh Kumar Bansal & Another Page No. 52 of 76 The complainant was given instruction that after the handing over of the bribe amount he was to give signal by scratching his beard. The said proceedings were completed at around 11:15.

Thereafter, the complainant proceeded towards Hyatt Hotel in his car. CBI team alongwith independent witnesses had followed the complainant's vehicle. While traveling, the complainant had received a call from accused Jagdish Kumar that the complainant should come to Major Somnath Marg, Sector­8, R.K. Puram, New Delhi near his office. The complainant had reached the Somnath Marg meeting the point of Shahid Babu Genu Marg, Sector­8, R.K. Puram. He had parked the vehicle on the left side of the road towards Olofe Palme Marg. CBI team alongwith himself and the independent witness Sh. Laxmi Narayan and Inspector D.K. Thakur were standing near the complainant's vehicle. Thereafter, accused Jagdish Kumar had come by his car and had parked it in front of the complainant's vehicle. They had conversation for about 10­15 minutes. The complainant had handed over the bribe amount of Rs. 1.5 lakhs to accused Jagdish Kumar who had accepted it with his right hand. Same was witnessed by himself and the independent witnesses and all other CBI team members. Accused Jagdish Kumar had kept the bribe amount inside his car and thereafter, they had received a signal from the complainant Sh. Gurmeet Singh Wadalia. Thereafter, he and the independent witness Sh. Laxmi Narayan and Inspector D.K. Thakur had approached accused Jagdish Kumar. Immediately, he had sat inside his car and CC No. 09/12 State (CBI) Vs. Dr. Rakesh Kumar Bansal & Another Page No. 53 of 76 had tried to stop the vehicle, but could not stop it. Thereafter, he, the complainant, independent witness Sh. Laxmi Narayan and Inspector D.K. Thakur had followed the accused's vehicle with the help of the complainant's vehicle. The other CBI trap team had followed them. Accused Jagdish Kumar was driving the vehicle very fast towards the Olfo Palme Road. We were asking the accused to stop his vehicle but he did not stop the vehicle. Thereafter, the accused drove the vehicle towards Olfo Palme Marg and took the right turn towards Vasant Marg. Since they could not stop the accused's vehicle, they had decided to stop the accused's vehicle at any cost. The complainant's vehicle had hit the accused's vehicle from the right rear side. Thereafter, the accused had stopped the vehicle and had tried to escape. In the meantime, he and Inspector D.K. Thakur had apprehended the accused. Other CBI team members had also reached at the spot.