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BA No.305/2018
IN THE COURT OF SPECIAL JUDGE,CBI FOR GR.BOMBAY
AT BOMBAY
Bail Application No. 305 of 2018
In
REMAND APPLICATION NO. 442 OF 2018
Aashish Rohitash Kumar Aggarwal
Age: 29 years, Occ: Service,
Residing at Cн3/1/1, Millennium Tower
Sectorн9, Sanpada, Navi Mumbaiн 400 705
At present lodged in Arthur Road Jail Applicant accused No.3
Versus
CBI, ACB, Mumbai
Prosecution
Appearance:
Ld. Adv. Shri Ashwin Thool for applicant accused No.3
Ld.SPP Shri Sandeep Singh for C.B.I.
CORAM : H.H. SPECIAL JUDGE SHRI M. G. DESHPANDE
CBI SPECIAL COURT (C.R.No.52)
DATE : May 2, 2018
ORDER
1.

By this application accused No.3 Aashish Aggarwal has prayed to
release him on bail. CBI vide their reply Exh.2 strongly opposed and
contended to reject the application. Heard Ld. Adv. Shri Ashwin Thool for
accused No.3 and Learned SPP Shri Sandeep Singh for CBI. Following
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points arise for my determination.

BA No.305/2018
I am recording following findings
thereon for the reasons discussed below:н
POINTS
1.

Whether accused No.3 Aashish Aggarwal
deserves to be released on bail?

2.

What Order?

FINDINGS
Yes
As
per
order
final
:: R E A S O N S ::
POINT No.1 :н
FACTS:н
2.

CBI ACB, Mumbai received information from reliable sources that
applicant accused Aashish Aggarwal would deliver the demanded illegal
gratification of Rs. 1,20,000/н in three packets of Rs.70,000/н, Rs. 30,000/н
and Rs. 20,000/н to the accused No.1 Shyamalendu Kumar Das, coнaccused
Mrs. Jagruti Gupta and other officers of Deputy Chief Labour
Commissioner (Central) on 20.4.2018 at 4.00 to 4.30 p.m. in their office at
Shram Raksha Bhawan, Shivshrushti Road, Sion(East), Mumbai in lieu of
issuance of Labour Contract License to M/s. Som Projects Pvt. Ltd.
Accordingly, on 20.4.2018 accused No.1 Shyamalendu Kumar Das and coн
accused Mrs. Jagruti Gupta, Labour Enforcement Officer accepted
envelopes containing bribe amount Rs.70,000/н, Rs. 20,000/н and Rs.
30,000/н respectively.

Thereafter, applicant accused No.3 Aashish
Aggarwal and accused No.4 Shri Pradeep Vishwakarma collected labour
license and certificate from office of Deputy Chief Labour Commissioner.

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BA No.305/2018
Three white envelopes containing bribe amount of Rs.70,000/н, Rs.
20,000/н and Rs. 30,000/н were recovered from the possession of accused
No.1 Shyamalendu Kumar Das and coнaccused Mrs. Jagruti Gupta. In this
way, the trap was successful. Searches u/s. 165 Cr.P.C. were conducted at
the residential and office premises of public servants i.e. accused No.1 and
2. Incriminating documents were seized from them. These are the facts.

GROUNDS:н
(i)
Applicant has falsely got implicated in this case.

(ii)
The applicant is working merely as Management Trainee
at Som Projects Ltd. and in no way concerned with the
looking after of the said company.

(iii)
Applicant is not public servant, hence provisions of P.C.
Act are not applicable.

(iv)
Nothing incriminating has been found at the behest of the
applicant during search and seizure carried out at the
office of Som Projects Ltd.

(v)
The applicant has a good case for being acquitted.

(vii)
The applicant is ready and willing to coнoperate with the
investigating agency.

(viii)
He will abide all the terms and conditions.
These are the grounds for bail.

Main points on which CBI resisted application are as follows:
(a)
Trap was successful and accused No. 1 and 2
Shyamalendu Das and Mrs. Jagruti Gupta accepted the
envelopes containing bribe amount when trapped.

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BA No.305/2018
Thereafter applicant Aashish Aggarwal and Pradeep
Vishwakarma collected labour license and certificate from
the office of the Deputy Chief Labour Commissioner.
(b)
The investigation is at initial stage and incriminating
documents recovered from the search of the house of the
public servants indicate their involvement in corrupt
practices and obtaining illegal gratification from various
contractors.

(c)
There is sufficient documentary and circumstantial
evidence to prove the involvement of the applicant.

(d)
Applicant is not permanent resident of Mumbai, hence
there is every possibility of his absconding.

(e)
Investigation is at a very crucial stage and applicant is
very influential. Hence, possibility to influence the
witnesses and tampering evidence is there.

(f)
CBI, ACB received the intercepted recorded calls of the
accused and analysis thereof is going on. There is every
likelihood of involvement of subordinate officials.

(g)
Offence is serious hence, strong message needs to be
conveyed to the society. CBI would complete
investigation within prescribed time.

These are the grounds on which CBI resisted the application
and contended to reject the same.

3.

I carefully examined all the grounds in the application and say.

Admittedly, there was successful trap on 20.4.2018. Alleged white
envelopes/packets containing bribe amount were recovered during the
trap. It is also an admitted fact that search of the houses of accused No.1
Shyamalendu Kumar Das and accused No.2 Mrs. Jagruti Gupta was taken
and relevant documents were seized. This fact is evident from Paragraph
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BA No.305/2018
н7 of the Remand Application which indicates that all the necessary
documents were seized and scrutiny thereof was only remained. This was
the situation on the first day of the Remand i.e. 21.4.2018. Even exchange
of conversation on mobile was also recorded and available with
Investigating Officer. All these grounds nowhere indicate necessity of
keeping the accused behind the bars.
4.

It is the contention of CBI that applicant is not resident of Mumbai
and therefore, likely to abscond. The applicant is a private person,
Management Trainee of Som Projects Pvt. Ltd.

If certain conditions are
imposed on him, his presence can be secured and apprehension expressed
by CBI can be safeguarded. Say and Remand Application of CBI further
indicate that everything was seized from the house of the main accused.
Since 21.4.2018 the applicant is in judicial custody. Even all other grounds
putforth by CBI to resist the application clearly indicate that investigation
is almost over. There is no certainty or likelihood of beginning the trial in
coming days. No antecedents of the applicant are pointed out. The role of
this applicant accused primaнfacie relates to offence u/s. 12 of The
Prevention of Corruption Act and u/s. 120нB of I.P.C.

Offence u/s. 7 of
The Prevention of Corruption Act,1988 provides punishment which may
extend to seven years, offence u/s. 12 of The Prevention of Corruption Act
provides punishment which may extend to seven years and not less than 3
years and offence u/s. 120нB I.P.C. provides punishment in the same
manner. It is the contention of CBI that he is likely to influence the
witnesses. If certain conditions are imposed on the applicant such
apprehensions of CBI would be safeguarded. In the result, Point No.1 is
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BA No.305/2018
answered in the affirmative and following order is passed:н
ORDER
1.

Bail Application No.305 of 2018 is allowed.

2.

Applicant accused No.3 Aashish Aggarwal be released on
bail by his furnishing P. R. Bond of Rs.30,000/н and
surety bond of like amount i.e Solvency Certificate or two
sureties each of Rs.15,000/н.

3.

As requested by Ld. Adv. for applicant accused No.3, he
is permitted to deposit Rs. 30,000/н being cash security
alongwith P.R. Bond and Surety Bond of like amount for
Three Weeks till he furnishes the sureties.

4.

Applicant accused No.3 Aashish Aggarwal shall furnish
the CBI and Court correct details of his temporary,
permanent residential address, office address with
landline, mobile phone numbers, email ids and shall
undertake to provide in future any change therein, to the
CBI and Court.

5.

Applicant accused No.3 Aashish Aggarwal shall also
furnish the name of the authorized person with all his
particulars, details ( Address, Mobile, Landline Numbers,
eнmail ids ) to whom the CBI and Court should contact in
case, the accused remains absent.

6.

Applicant accused No.3 Aashish Aggarwal shall undertake
to attend Investigating Officer/CBI, ACB, Mumbai once in
a week at any time between 8.00 a.m. to 8.00 p.m. on
every Friday till further order. CBI shall maintain its
record and report immediately to the Court any non
compliance thereof.

7.

Applicant accused No.3 Aashish Aggarwal shall deposit
his passport with CBI.

8.

Applicant accused No.3 Aashish Aggarwal shall not leave
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BA No.305/2018
India without permission of the Court and scrupulously
attend each and every date of the Court.
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Breach of any of the above conditions will be a ground to
cancel the bail.

(M. G. Deshpande)
Special Judge (C.B.I.),
City Civil & Sessions Court,
Gr. Bombay.

Date: 2.5.2018
Dictated on
: 2.5.2018
Draft submitted on: 2.5.2018
Signed by HHJ on : 2.5.2018
Transcribed on
: 2.5.2018
Final submitted on: 2.5.2018
Certified to be true and correct copy of the original signed order
5.5.2018 (5.50 p.m.)
DATE AND TIME
Name of the Judge (With Court Room No.)

B.S.Parab
HHJ Shri M.G.Deshpande
C.R.No.52
Date of pronouncement of Judgment/Order
2.5.2018
Judgment/Order signed by P.O. on
2.5.2018
Judgment/Order uploaded on
5.5.2018
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BA No.305/2018