Mumbai, India – February 18, 2023 – A Special CBI Court in Greater Mumbai has granted regular bail to Kumar Alok, a 35-year-old Superintendent of Customs at Chhatrapati Shivaji Maharaj International Airport (CSMIA), who was arrested in connection with an alleged bribery case. Special Judge D.P. Shingade allowed the bail application (BA No. 128 of 2023), citing the significant delay in registering the FIR, the lack of a red-handed arrest, and the non-compliance with procedural guidelines regarding notice before arrest.

The Allegations

Kumar Alok was arrested on February 11, 2023, at 11:50 PM, following a complaint filed by Mr. Zubin Mehta on November 23, 2022. The complaint alleged that on November 19, 2022, while returning from Dubai with a friend, Mr. Mehta was detained by Alok at Mumbai Airport’s Terminal 2. Mehta claimed he had purchased a gold chain worth Rs. 1.50 lakhs for personal use.

According to the complaint, Alok allegedly threatened Mehta, stating the gold chain was not a permissible import item and demanded Rs. 55,000 as customs duty and a fine. He then allegedly offered to let Mehta go without a case if he paid a bribe of Rs. 35,000 in cash. The complaint further stated that Alok pressured Mehta by claiming the bribe amount would increase by Rs. 5,000 every two minutes if not paid immediately.

Under duress, Mehta allegedly agreed to pay Rs. 30,000. Since he didn’t have cash, Alok reportedly provided two mobile numbers (8652556997 and 9820975175) and instructed Mehta to pay Rs. 17,000 and Rs. 13,000, respectively, via Google Pay (Gpay). Mehta transferred these amounts from his company’s account, M/s. Instaflex Packaging, via Gpay, after which he was allowed to leave without paying customs duty.

The CBI registered an FIR (RC No. 0262023A0006) on February 10, 2023, based on this complaint, accusing Alok under Section 7 of the Prevention of Corruption Act, 1988.

Initial Remand and Bail Arguments

When Kumar Alok was produced before the court on February 12, 2023, the court declined the CBI’s request for police custody remand, remanding him to judicial custody instead until February 23, 2023.

Learned Counsel Mr. Niranjan Mundargi, representing Kumar Alok, made several key submissions:

• Delay in Complaint & FIR: He highlighted a 5-day delay in lodging the complaint (incident on Nov 19, complaint on Nov 23) and a significant 2.5-month delay in registering the FIR (complaint on Nov 23, FIR on Feb 10, 2023), for which no cogent explanation was provided by the CBI.
• No Red-Handed Arrest: Alok was not caught red-handed accepting the bribe. The alleged amounts were received on the mobile numbers of Mr. Sanjay Joshi and Mr. Prashant Ambede, with whom Alok claims no connection. The CBI, he argued, failed to explain why these individuals were not arrested.
• Irregular Arrest: Alok was arrested based on “evasive answers” without establishing a clear link to the offense or providing him with an opportunity to appear before the CBI.
• Non-Compliance with S. 41A Cr.P.C.: The defense strongly argued that the CBI failed to issue a notice under Section 41A of the CrPC, which is mandatory for offenses punishable up to seven years imprisonment. He cited Supreme Court precedents like Arnesh Kumar v. State of Bihar and Satinder Kumar Antil v. CBI, and the Bombay High Court’s ruling in Chanda Kochar v. CBI, which emphasize strict compliance with this provision, stating that non-compliance entitles the accused to bail.
• No Tampering Risk: Since necessary documents were already seized by the CBI, the possibility of the applicant tampering with evidence was negligible.

Learned Public Prosecutor Mr. C.J. Nandode, for the CBI, opposed the bail, asserting that the allegations were verified, and the FIR was duly registered. He contended that the police had powers under Section 41 CrPC to arrest Alok for a cognizable offense, and his arrest was justified due to his alleged non-cooperation. He also stated that Mr. Sanjay Joshi and Mr. Prashant Ambede had confirmed receiving the amounts at Alok’s instance, and that the investigation was ongoing, fearing that Alok might tamper with evidence and threaten witnesses if released.

Court’s Analysis and Order

Special Judge D.P. Shingade critically analyzed the submissions. The court noted the “inordinate delay” of 2 months and 17 days in registering the FIR after the complaint was received. It found no material in the Case Diary to justify this delay, beyond a vague contention about “verification” and “other formalities.”

The court emphasized that Alok was “not caught red handed” accepting the bribe. It also reiterated its previous observation in the remand order that the Investigating Officer was “expected” to serve a notice under Section 41A of the CrPC to the accused, especially since the offense under Section 7 of the PC Act is punishable up to 7 years. The court referenced the Supreme Court’s clear pronouncement in Satinder Kumar Antil v. CBI, stating that “Any non-compliance would entitle the accused to a grant of bail.”

While acknowledging the statements of Mr. Sanjay Joshi and Mr. Prashant Ambede, which were recorded after the initial remand (on February 12 and February 14, 2023, respectively), the court noted that at the time of Alok’s remand, there was no material to confirm these alleged transfers.

Considering that the applicant had been in custody for six days, and no fruitful purpose would be served by his continued incarceration, the court concluded that the CBI’s concerns about tampering with evidence could be addressed by imposing suitable conditions.

Bail Granted

The court decided to enlarge Kumar Alok on regular bail, subject to the following conditions:

1. Personal Recognizance (P.R.) Bond: Alok shall be released on executing a P.R. bond of Rs. 50,000/- with one or more sureties of the like amount.
2. No Influence or Tampering: He shall not personally or through anyone attempt to influence witnesses or tamper with evidence.
3. No Similar Offenses: He shall not commit any offense similar to that of which he is accused or suspected.
4. No International Travel: He shall not leave India without the prior permission of the court.
5. CBI Office Attendance: He shall attend the CBI office, Mumbai, every Monday between 11 AM and 2 PM for one month to mark his presence.
6. Cooperation with Investigation: He shall join the investigation as and when called upon by CBI authorities.
7. Court Appearances: He shall attend all court dates unless prevented by a reasonable cause.
8. No Delay Tactics: Once the trial begins, he shall not, in any manner, try to delay the trial.

The order underscores the judiciary’s commitment to upholding procedural safeguards in criminal arrests, particularly in cases where the accused is not caught red-handed and the investigating agency delays the FIR registration or fails to comply with statutory notices.