Mumbai, Maharashtra – January 8, 2018 – The Special Judge for CBI, Shri Jayendra C. Jagdale (C. R. No. 51), today granted bail to Ulhas Ananda Lokhande (51), an Income Tax Department employee, who was arrested in a bribery case. Lokhande was implicated in R.C. No. BA1/2018/A0001-CBI, A.C.B., Mumbai, for an offense punishable under Section 7 of the Prevention of Corruption Act, 1988.
Lokhande’s bail application (No. 26 of 2018) was filed under Section 439 of the Code of Criminal Procedure. He has been in judicial custody since January 3, 2018.
Allegations and Defense:
The prosecution alleges that Lokhande demanded an illegal gratification of Rs. 1,25,000/- from the complainant and was caught red-handed accepting Rs. 1,00,000/-. This amount was reportedly recovered from between files.
Mr. Ravi L. Gurnani, the learned advocate for Lokhande, argued that his client is innocent and falsely implicated. He stated that a search of Lokhande’s residential premises by the CBI yielded nothing incriminating. The defense emphasized that the entire material related to the case (written complaint, verification, and the alleged bribe amount) is already in the CBI’s custody. As a permanent employee of the Income Tax Department, Government of India, Lokhande is unlikely to abscond. Mr. Gurnani also raised concerns that keeping Lokhande in custody with “hardcore criminals” would expose him to a life of crime.
Prosecution’s Opposition:
Mr. Soni, the learned Special Public Prosecutor (SPP) for the CBI, opposed the bail, asserting that Rs. 1,25,000/- is a significant amount, suggesting a “strong possibility of conspiracy at a larger level.” He contended that other officials might be involved, and this aspect required further investigation. The prosecution argued that Lokhande’s release would impede the investigation, as it was at a “crucial stage” and material witnesses were still being identified and examined.
Court’s Reasoning and Order:
Special Judge Jayendra C. Jagdale carefully considered the arguments and reviewed the documents presented by both sides. The court noted that while the applicant was accused of accepting Rs. 1,00,000/- as a bribe and the amount was recovered, the “written complaint and verification, so also the alleged bribe amount are in custody of CBI.”
Crucially, the court observed that the CBI’s objections “do not reveal that the present applicant/accused may flee from the clutches of law or he may not appear at the time of hearing.” The Judge found no grounds to presume that Lokhande might tamper with evidence or obstruct the investigation.
The court stated that “no useful purpose [would be] served by keeping the applicant/accused in judicial custody.” It highlighted that the primary purpose of bail is to ensure the accused’s presence during trial, which could be secured through appropriate conditions. Acknowledging the “gravity of offense,” the court decided that a heavy surety would be appropriate.
Bail Granted with Conditions:
Accordingly, the court allowed Bail Application No. 26/2018 and directed Ulhas Ananda Lokhande to be released on bail on the following terms:
- He must execute a Personal Recognizance (P.R.) Bond of Rs. 1,00,000/- (Rupees One Lac Only).
- He is directed to furnish one or more sureties of the like amount within two months.
- He is allowed to be released provisionally after furnishing a cash bail of Rs. 1,00,000/-, which the Registrar (Sessions) is directed to accept even after treasury hours.
- He shall not leave India without obtaining prior permission from the Court.
- Till furnishing surety, he is directed to surrender his passport, if any, with CBI.
- He must furnish his permanent address and permanent contact numbers to the CBI.
- He must also furnish the addresses and contact numbers of his two relatives to the CBI.
- He is directed not to tamper with the prosecution evidence and to assist in the disposal of the trial.
- He shall not commit any offense while on bail.
- Breach of any of these conditions will lead to the cancellation of bail.
The bail application was disposed of accordingly.