Mumbai, Maharashtra – February 9, 2024 – In a significant development, Aman Kumar alias Rupesh Narendra Nath Verma, an accused in a multi-crore fake government job racket, was granted default bail by the Special Judge (CBI) for Greater Mumbai, Shri D.P. Shingade (Court No. 49, In Charge of Court No. 48). The bail was granted under Section 167(2) of the Code of Criminal Procedure (CrPC), commonly known as statutory or default bail, as the Central Bureau of Investigation (CBI) failed to file a charge sheet within the stipulated 90-day period.
Aman Kumar, 33, a businessman from Dhanbad, Jharkhand, was arrested on November 10, 2023, in connection with RC No. 0262023A0036/CBI/ACB/Mumbai. He faces charges under Sections 7 and 7A of the Prevention of Corruption Act, 1988, read with Section 120-B of the Indian Penal Code (IPC). During the investigation, additional IPC sections including 420 (cheating), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), and 471 (using as genuine a forged document) were added.
Previous Bail Application Rejected:
It is pertinent to note that Aman Kumar’s previous application for regular bail was rejected by an order dated December 1, 2023. At that time, Special Judge S. H. Gwalani had highlighted the serious nature of the offenses, the systematic defrauding of “helpless, desperate young jobseekers,” the recovery of forged documents and cash, and the ongoing investigation, including the tracing of unknown public servants involved in the racket.
Grounds for Default Bail:
During the hearing on February 9, 2024, learned Advocate H.P. Bavkar, representing Aman Kumar, submitted that the CBI had failed to file the charge sheet within the mandatory 90 days from the date of his client’s arrest. He cited the Supreme Court’s ruling in Union of India through CBI v. Nirala Yadav @ Raja Ram Yadav @ Deepak Yadav (2014) 9 SCC 457, which firmly establishes an accused person’s “indefeasible right” to be released on default bail if the statutory period for filing the charge sheet expires. The ruling also mandates that such an application be decided on the same day.
Learned Public Prosecutor Vimal Soni for the CBI acknowledged that the charge sheet had not been filed within 90 days but requested more time for the Investigating Officer to file a reply. However, in light of the Supreme Court’s precedent, the court declined the request, stating it had “no option” but to decide the application immediately.
Court’s Order:
Special Judge D.P. Shingade, finding that the statutory period of 90 days had indeed expired without the filing of a charge sheet, allowed Aman Kumar’s application for default bail.
The court ordered Aman Kumar to be released on bail upon:
- Executing a Personal Recognizance (P.R.) bond and Surety bond of Rs. 60,000/- (Rupees Sixty Thousand only) with one or more sureties in the like amount.
- Cooperating with the Investigating Officer in the investigation as and when required.
- Not directly or indirectly making any inducement, threat, or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing facts to the Court or police, or tampering with evidence.
- Not leaving India without prior permission of the Court.
This order does not clear Aman Kumar of the charges but grants him freedom from custody, pending the filing of the charge sheet and subsequent legal proceedings. The CBI will now proceed with its investigation and file the charge sheet in due course, after which the trial will commence.