AI Structured Summary
Not yet generated for this judgment
Judgment
@JUDGEMENTTAG- JUDGEMENT
Vishal Dhagat, J
1 . This is first application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 3.3.2024 in connection with Crime No. RC2182024A0008 registered at Police Station CBI/AC III New Delhi for the offence punishable under Sections 7, 8, 9, 10, 11 & 12 of the Prevention of Corruption Act, 1988 and Section 120-B of the IPC.
2 . Learned Senior Counsel appearing for the applicant submitted that other co-accused persons have been released on bail after considering the evidence on record. It is submitted that as per prosecution version an amount of Rs. 32 lakhs was recovered from the house of applicant and there is allegation that Rs. 15 lakhs has been delivered to applicant at behest of Bansal Construction. It is submitted that there is no demand. No complaint has been made to CBI. There are no eye witnesses. Co-accused are made witnesses in the case and only telephonic conversation as evidence is available with the respondent which is also not produced before the Court. In these circumstances, applicant may also be enlarged on bail.
3 . Learned Standing Counsel appearing for the CBI has filed reply and opposed the application for grant of bail. He submitted that huge amount has been seized with the applicant and there is recorded conversation in which demand has also been made. In these circumstances, applicant may not be enlarged on bail.
Heard learned counsel for the parties.
5 . Other co-accused persons have been released on bail. Case of the applicant is on parity.
As per reply of non applicant, only evidence available against the applicant is recorded conversation. Transcript of recorded conversation has not been prepared and produced before the Court. Recorded conversation has also not been produced before the Court. CBI has not been produced the case diary before the Court to evaluate the evidence available.
Considering the aforesaid circumstances, bail application filed by the applicant is allowed on following conditions:- (i) applicant will be available for investigation of the case before Investigating Officer as and when required (ii) applicant will not leave the country without seeking prior permission of this Court and (iii) applicant will not try to influence the witnesses or try to contact them in any way.
It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 10,00,000/- (Rupees Ten Lakh only) with two solvent sureties in the like amount to the satisfaction of the trial Court.
9 . In addition to that the applicant shall also abide by the conditions enumerated in Section 437 (3) of Cr. P. C..
Certified copy today.