BA No.479/2023
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Order
IN THE COURT OF SPECIAL JUDGE, C.B.I. AT GREATER BOMBAY
BAIL APPLICATION NO. 479 OF 2023
( CNR NO.: MHCC02н008310н2023 )
IN
REMAND APPLICATION NO. 693 OF 2023
[RC 026/2023/A0025нCBI, ACB,MUMBAI]
Rajesh Ramakant Rane
Age: 46 Yrs, Occ: Business
R/o: Aн1, 904, Sawlee CHS,
Laxmi Nagar, Ghatkopar, (East),
Mumbai н400 075
…Applicant/Accused.

V/s.
CBI, ACB, Mumbai.

…Respondent/State.

Appearance:н
Mr. Apoorv Vijay Singh Advocate for applicant/accused.
Mr. Ashish Bilgaiyan for C.B.I./ACB Respondent.
CORAM : S.M.MENJOGE SPECIAL JUDGE
CBI SPECIAL COURT
(Court Room No. 50)
DATE :
12th June, 2023.

ORDER
1.

This is an application filed by applicant/accused Rajesh
Ramakant Rane for bail under section 439 of Cr.P.C.1973, in R.C. No.
026/2023/ A0025нCBI ACB Mumbai U/sec of IPC, register. 7,7A,12 of
P.C.Act read with Sec. 120 B of Indian Penal Code.
Facts in brief are as under :н
BA No.479/2023
2.

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Case of prosecution is that present applicant Rajesh is working as
freight forwarding agent Mumbai.

He had demanded bribe of
Rs.20,000/н to complainant for clearing consignment from Air Cargo
Complex Mumbai, for and on behalf of Penter Jayaswal, a examiner in
custom department Air Cargo Mumbai. Hence, trap was laid on
30.5.2023. Rajesh Rane was caught red handed while accepting and
demanding Rs.12,000/н from complainant. It is case of prosecution that
Rajesh Rane who is freight forwarder, demanded bribe of Rs.20,000/н
on the behalf of Penter Kumar Jayaswal. It was confirmed that Rajesh
Rane paid the amount of Rs.12,000/н after settlement, to Penter
Jayaswal, for clearance of goods of complainant. Based on these
allegations, offence came to be registered against applicant and others.
3.

Mr. Apoorv Vijay Singh, Advocate for the applicant submitted that
accused is innocent and has not committed any offence. Whatever
amount he wanted to receive was as freight forwarding agent and not as
bribes. Applicant is in jail since 2.6.2023. No purpose would be served
by keeping the applicant in the jail. Hence, he prayed to release the
applicant on bail.
4.

Mr. Ashish Bilgaiyan, APP for the State strongly opposed the
application on various grounds and prayed for rejection of bail
application.
5.

I perused Case diary and heard the Advocate for the applicant and
A.P.P. for the State. I have gone through the Law laid down in respect of
grant or refusal of bail, in following cases by the Hon’ble Supreme Court
:
BA No.479/2023
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1]
Sanjay Chandra нVsн C.B.I., 2011 (13) SCALE 107,
(2012) 1 SCC 40;
2]
Moti Ram нVsн State of M.P., (1978) 4 SCC 47;
3]
Babu Singh нVsн State of U.P., (1978)1 SCC 579;
4]
Vaman Narain Ghiya нVsн State of Rajasthan, (2009) 2 SCC
281;
5]
Siddharam Mhetre нVsн State of Maharashtra, (2011) 1 SCC
694,
6]
VivekKumarнVsн State of U. P., (2000) 9 SCC 443;
7]
Prahlad Singh Bhati нVsн NCT, Delhi, (2001) 4 SCC 280;
8]
State of U.P. нVsн Amarmani Tripathi, (2005) 8 SCC 21;
9]
Prahlad Singh Bhati .Vs. NCT, Delhi (2001)4 SCC 280
10]
Gurcharan Singh .Vs. State (Delhi Admn.) (1978)1 SCC118.

11]
Kalyan Chandra Sarkar .Vs. Rajesh Ranjan (2004) 7 SCC 528
12]
Ram Govind Upadhyay .Vs. Sudarshan Singh (2002)3 SCC 98
13]
Puran .Vs. Rambilas (2001) 6 SCC 338.

14]
Neeru Yadav .Vs. State of UP,AIR 2015 SC 3703
15]
Sharad Kumar..VsЕC.B.I, MANU/DE/2374/2011
17]
Bhadresh .Vs. state of Bihar , (2016)1SCC 152
18]
Bharat Choudhary .Vs. State of Bihar (2003) 8 SCC 77
19]
Munish Bhasin .Vs. State (NCT), (2009)4 SCC 45
20]
Niranjan Singh .vs. Prabhakar Kharote AIR 1980 SC 785,
21]
State of M.P. .Vs. RamKishna Balothia AIR 1995 SC 1198
22]
Pokar Ram .Vs. State of Raj.AIR 1985 SC 969
23]
Samunder Singh .Vs. State of Raj. AIR 1987 SC 737
24]
Ravindra Saxena .Vs. State of Raj. (2010)1 SCC 684
BA No.479/2023
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25]
Pravinbhai Patel .Vs. State of Gujarat (2010)7 SCC 598
26]
Ram Govind Upadhay .Vs. Sudarshan Singh (2002) 3 SCC 8,
27]
State of Mah. .Vs. Anand Dighe AIR 1990 SC 625,
28]
Anil Kumar Tulsiyani .Vs. State of U.P. (2006)9 SCC 425)
29]
Sushila Aggarwal vs State ( NCT) (2020) 5 SCC 1
30]
Arnab Goswami vs State of Mah. (2020) ALL MR( Cri) 4347
31]
Mohammad Zubair vs State of NCT,Cri.W.P.279/ 2022 (SC)
32]
Satender Kumar Antil vs CBI SLP(Cri) 5191/2021( SC)
Dt.11.7.2022
and considered following factors while deciding this bail application :
(i)
Whether there is any prima facie or reasonable ground to believe
that the accused had committed the offence;
(ii)
Nature and gravity of the charge;
(iii)
Severity of the punishment in the event of conviction;
(iv)
Danger of the accused absconding or fleeing, if released on bail;
(v)
Character, Behaviour, Means, Position and Standing of the
accused;
(vi)
Likelihood of the offence being repeated.

(vii) Reasonable apprehension of the witnesses being tampered with
and
(viii) Danger of justice being thwarted by grant of bail.

6.

In the light of law laid down in above cases, I perused the Case
BA No.479/2023
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diary. On perusal of the same, it is found that, this trap case by ACB.
Amount is recovered from Rajesh Rane. Consignment of complainant
was already cleared before trap was laid. Offence is not punishable
with death or life imprisonment. All the conversations between the
accused and complainant are recorded in DVR which is in possession of
the ACB. Hence, there is no question of tampering of evidence by
applicant. Applicant is arrested on 30.5.2023 and since then he is in
custody.
Considering all above facts on record, I have come to conclusion
that applicant accused is entitled for bail Hence, I pass following order.

ORDER
1.

Bail Application No. 479/2023 is hereby allowed.

2.

Applicant/accused namely Rajesh Ramakant Rane, in R.C. No.

026/2023/ A0025н U/sec. 7,7A,12 of P.C. Act read with Sec. 120 B of
Indian Penal Code registered at CBI ACB Mumbai, shall be released on
bail on executing PR Bond of Rs.20,000/н (Twenty Thousand only) with
one or two sureties of the like amount on the conditions that :н
a)
He shall not pressurize the prosecution witnesses in
any manner.

b)
He shall not commit any offence while on bail.

c)
He shall attend the dates of Court regularly unless
exempted by the Court.

d)
He shall furnish his correct address to the
investigating officer.

e)
He shall surrender his passport in the office of CBI, ACB,
Mumbai and shall not leave India without permission of
BA No.479/2023
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Court.
3.

He be released on provisional cash bail of Rs.20,000/н. Duration
of provisional cash bail shall be of four weeks.

4.

Bail Application No. 479/2023 is disposed of accordingly.
Digitally signed
by SHASHANK
MANOHARRAO
SHASHANK
MANOHARRAO MENJOGE
MENJOGE
Date:
2023.06.12
16:55:50 +0530
Date: 12.06.2023
(S.M.Menjoge)
CBI Special Judge
City Civil & Sessions Court,
Gr. Bombay.

BA No.479/2023
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УCERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.Ф
12.06.2023.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room S.M. MENJOGE
No.)
(CR.No.50)
Date of Pronouncement of ORDER
12.06.2023
ORDER signed by P.O. on
12.06.2023
ORDER uploaded on
12.06.2023
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDERФ
04.08.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
BA No.479/2023
Name of the Judge (with Court
Room No.)

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Order
S.M. MENJOGE,(C.R.No.17)
Addl. Judge,City Civil & Sessions Court,
Date of pronouncement of /Order 04.08.2022.
Order signed by P.O. on
04.08.2022.

Order uploaded on
04.08.2022.