Mumbai, Maharashtra – November 14, 2024 – A Special Judge for CBI cases in Greater Bombay, S. H. Gwalani (Court Room No. 48), today granted bail to Bijender Janawa, 32, in a corruption case involving alleged undue advantage taken from a pharmaceutical chemical trader. The court cited the completed substantive investigation, the relatively lesser punishment for the alleged offenses, and the principle of parity as key reasons for its decision.
Bijender Janawa, a resident of Ulwe, Navi Mumbai, was arrested in connection with FIR No. RC0262024A0038, registered with CBI, ACB, Mumbai. He had sought bail under section 483 of the Bharatiya Nyaya Sanhita (BNS), 2023.
The Allegations: CGST Officials and Middlemen in Bribery Conspiracy
The case originated from a complaint filed on September 5, 2024, by Karan Rawal, proprietor of M/s. Onyx Pharma. Rawal alleged that on September 4, 2024, he was illegally confined and beaten by Sachin Gokulka, Superintendent, CGST, Mumbai, a public servant, regarding his company’s purchases. Rawal was allegedly released only after his cousin, Harshil Hitesh Doshi, paid an “undue advantage” of Rs. 30,00,000/- (Rupees Thirty Lakhs only) to a middleman, Raj Agarwal, a Chartered Accountant.
The complaint further stated that the public servants demanded a total of Rs. 60,00,000/- as undue advantage, to be paid the same day. As Rawal did not wish to pay, he approached the CBI. After verification, a trap was laid, leading to the arrest of Sachin Gokulka, Raj Agarwal, and Abhishek Mehta on September 6, 2024, following the alleged demand and acceptance of the bribe.
The prosecution claims that evidence from seized mobile phones revealed that Bijender Janawa, along with co-accused Deepak Sharma, Nitin Kumar Gupta, Nikhil Aggarawal, and Rahul Kumar, were part of a criminal conspiracy and in contact during the night of September 4-5, 2024. Nitin Gupta allegedly shared the summons copy issued to Rawal with Deepak Sharma. Continuous calls and WhatsApp messages between Raj Agarwal and Rahul Kumar reportedly pertained to Rawal’s illegal detention. Call recordings between Harshil Joshi (Rawal’s representative) and Raj Agarwal purportedly indicated that Deepak Sharma and Rahul Kumar were aware of every update in the case. Consequently, other co-accused, including Bijender Janawa, were also arrested by the CBI.
Defence Arguments: No Direct Evidence, Completed Investigation
Ms. Paavani Chadha, representing Bijender Janawa, argued that her client was innocent and falsely implicated. She asserted that no specific allegations substantiated his prosecution under the Prevention of Corruption Act, and the evidence against him was merely a “vague statement” lacking concrete proof of direct demand or acceptance of a bribe.
Chadha highlighted that Janawa was absent during both alleged bribe payments, including the trap. She stated there was no credible evidence linking him to receiving or benefiting from the bribe, directly or indirectly, or that he aided, abetted, or facilitated the demand. A search of his residence on September 6, 2024, yielded no incriminating evidence, cash, or documents suggestive of illicit transactions or an inconsistent lifestyle.
It was argued that Janawa’s role was limited to conspiracy and abetment, but lacked tangible corroborating evidence beyond unsubstantiated assertions. The defence emphasized Janawa’s unblemished record, his cooperation with the investigation, and that nothing more remained to be recovered at his instance. As a permanent resident, he posed no flight risk and pledged to cooperate with the trial and abide by all conditions.
CBI Opposes Bail: Serious White-Collar Crime, Ongoing Probe
Shri Sandeep Singh, the Special Public Prosecutor for CBI, strongly opposed the bail, reiterating the prosecution’s case and alleging Janawa’s connivance in the crime. He claimed incriminating conversations during the trap showed Janawa’s involvement. Singh argued that Janawa is “highly placed, moneyed and influential,” and his release could lead to influencing witnesses or destroying evidence.
The SPP stressed the seriousness of “white collar crimes” which are “harmful to the Nation/society” and warrant strict action. He contended that the investigation was at a “crucial stage,” witnesses were yet to be examined, and granting bail would be detrimental to the investigation and further recovery of material evidence.
Court Grants Bail on Parity and Lesser Punishment Grounds
After hearing both sides and reviewing the documents and legal precedents cited (including Arnesh Kumar Vs. State of Bihar and Satender Kumar Antil Vs. CBI), Judge Gwalani noted that the maximum punishment for the offenses alleged, including under the BNS and PC Act, does not exceed seven years.
Crucially, the court observed that three prime accused persons in the case had already been released on default bail by the same court. Furthermore, co-accused Rahul Kumar had also been granted bail by the learned Predecessor of the court on October 26, 2024, on similar grounds.
The learned SPP for CBI “fairly admitted that further judicial remand/custody of present applicant/accused is not required.” The court also found no criminal antecedents brought on record by the prosecution and observed that “substantive investigation is completed” concerning the applicant.
Considering these factors, particularly the parity with co-accused already granted bail, the court concluded that Bijender Janawa was entitled to be released on bail.
Conditions for Bail:
Bijender Janawa has been ordered to be released on a Personal Recognizance (P.R.) Bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two solvent sureties in the like amount.
The bail is subject to the following conditions:
- He shall not directly or indirectly induce, threaten, or promise any person acquainted with the facts of the case to dissuade them from disclosing facts or tamper with evidence.
- He shall furnish his permanent residential and local addresses, along with mobile number, to the Court and Investigating Officer, and intimate any changes in advance.
- He shall attend the Investigating Officer’s office as and when called in writing.
- He shall not leave India without prior permission of the Court.
- He shall not commit any offense while on bail.
- He shall attend each and every date for trial.
- Violation of any condition will allow the prosecution to seek cancellation of bail.
The order effectively disposes of Bail Application No. 907 of 2024.