Mumbai, Maharashtra – May 2, 2018 – The Special Judge for CBI cases at Greater Bombay, Shri M. G. Deshpande (C.R. No. 52), today granted bail to Aashish Rohitash Kumar Aggarwal (29), identified as Accused No. 3, in Bail Application No. 305 of 2018. Aggarwal was arrested in connection with a corruption trap case being investigated by the CBI, ACB, Mumbai.

Case Details:

According to the CBI, they received information that Aashish Aggarwal would deliver an illegal gratification of Rs. 1,20,000/- in three packets to accused No. 1 Shyamalendu Kumar Das, co-accused Mrs. Jagruti Gupta, and other officers of the Deputy Chief Labour Commissioner (Central) on April 20, 2018. The bribe was allegedly for the issuance of a Labour Contract License to M/s. Som Projects Pvt. Ltd., where Aggarwal works as a Management Trainee.

On the said date, a trap was laid, and accused No. 1 and Mrs. Jagruti Gupta allegedly accepted envelopes containing the bribe amounts (Rs. 70,000/-, Rs. 20,000/-, and Rs. 30,000/- respectively). Subsequently, Aashish Aggarwal and accused No. 4, Shri Pradeep Vishwakarma, collected the labour license and certificate from the office. Searches were later conducted at the residential and office premises of the public servants involved, and incriminating documents were seized.

Arguments for Bail:

Learned Advocate Shri Ashwin Thool, representing Aashish Aggarwal, argued that his client was falsely implicated. He stated that Aggarwal is merely a Management Trainee at Som Projects Ltd. and is not directly involved in the company’s oversight. Thool emphasized that Aggarwal is a private person, not a public servant, and therefore, certain provisions of the Prevention of Corruption Act might not be directly applicable to him. He asserted that nothing incriminating was found at Aggarwal’s behest during searches and that his client has a strong case for acquittal. Aggarwal expressed his willingness to cooperate with the investigating agency and abide by all court conditions.

CBI’s Opposition:

Learned SPP Shri Sandeep Singh, representing the CBI, strongly opposed the bail application. The CBI highlighted the successful trap operation and the recovery of bribe money. They contended that the investigation was at an initial and crucial stage, with incriminating documents recovered from the public servants’ homes indicating widespread corrupt practices. The CBI also argued that Aggarwal is not a permanent resident of Mumbai, increasing the possibility of him absconding. They also expressed concerns about Aggarwal’s potential influence over witnesses and tampering with evidence, especially given that intercepted recorded calls were being analyzed, which might reveal the involvement of more subordinate officials. The CBI stressed the seriousness of the offense and the need to send a strong message to society, assuring the court that the investigation would be completed within the prescribed time.

Court’s Reasoning and Decision:

Special Judge M. G. Deshpande carefully examined all arguments and documents. The court acknowledged the successful trap and the recovery of bribe money, as well as the seizure of relevant documents from the public servants’ residences. However, the Judge noted that the remand application from April 21, 2018, indicated that “all the necessary documents were seized and scrutiny thereof was only remained.” Even recorded mobile conversations were available to the Investigating Officer. The court concluded that these facts did not necessitate Aggarwal’s continued detention.

Addressing the CBI’s apprehension that Aggarwal might abscond due to not being a permanent resident of Mumbai, the court stated that as a private person, his presence could be secured by imposing certain conditions. The Judge also observed that the CBI’s grounds for opposition indicated that the investigation was “almost over” for Aggarwal, who has been in judicial custody since April 21, 2018.

The court found no antecedents against Aggarwal. It noted that Aggarwal’s role primarily pertained to Section 12 of the Prevention of Corruption Act (abetment of an offence) and Section 120-B of the IPC (criminal conspiracy), both of which carry a maximum punishment of seven years. The court reasoned that concerns about influencing witnesses could also be mitigated by imposing stringent conditions.

Considering these factors, the court decided to grant bail to Aashish Aggarwal.

Bail Conditions:

The court allowed Bail Application No. 305 of 2018, ordering Aashish Rohitash Kumar Aggarwal’s release on bail upon furnishing a Personal Recognizance (P.R.) Bond of Rs. 30,000/- and a surety bond of a like amount (either a solvency certificate or two sureties of Rs. 15,000/- each).

The court also permitted Aggarwal to deposit Rs. 30,000/- as cash security along with the P.R. Bond for a period of three weeks, until he furnishes the sureties.

Further conditions imposed are:

• Aggarwal must provide the CBI and the Court with his correct temporary, permanent residential address, office address, landline and mobile phone numbers, and email IDs, and undertake to report any future changes.
• He must also furnish the name and particulars of an authorized person whom the CBI and Court can contact if he is absent.
• He shall attend the Investigating Officer/CBI, ACB, Mumbai, once a week on every Friday between 8:00 a.m. to 8:00 p.m. until further order. The CBI is to maintain a record of his attendance and report any non-compliance to the court.
• Aggarwal shall deposit his passport with the CBI.
• He shall not leave India without the Court’s permission and must scrupulously attend every court date.
• Breach of any of these conditions will lead to the cancellation of bail.