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2022 (3) TMI 95 - HC - Indian LawsSeeking grant of Regular Bail - Bribery - illegal gratification - evidence on record/document to show that the applicant was aware of the source of the money or not - HELD THAT:- On a specific query from the learned SPP for CBI as to whether there exists any call or transcript of any conversation between the applicant and the accused/Akil Ahmad, apart from the calls exchanged during the trap proceedings, the answer was given in the negative. Concededly, even in the recovered WhatsApp messages, no mention of any bribe or bribe amount was found. It has been alleged in the FIR that accused/Akil Ahmad was in the habit of asking for illegal gratification, however learned SPP, on instructions, informed that apart from the present case, no other case has been registered against him or the present applicant - It has also come on record that the mobile phone and laptop of the applicant have been seized and he has also given his voice samples. Reportedly, different amounts have been recovered from the accused persons. The CBI is stated to have recovered an amount of ₹ 3.71 crores during the investigation from co-accused/Mahim Pratap Singh Tomar, who has already been released on bail. An intimation regarding the same is stated to have been given to the Income tax authorities. The co-accused persons, namely Retnakaran Sajilal, Sunil Kumar Verma and Uma Soni have also been granted bail. Except the order dated 07.01.2022, whereby co-accused/Devendra Jain was admitted to regular bail, no other order granting bail to co-accused persons has been challenged till date. The present applicant, a Chartered Accountant, is stated to be a resident of Delhi, having deep roots in society. Besides, it was submitted by the learned Senior Counsel appearing for the applicant that the applicant is ready and willing to surrender his Passport. The same, in the opinion of this Court, alongwith appropriate conditions, can secure the applicant’s presence during the trial and allay any apprehension regarding him being a flight risk - this Court is inclined to release the present applicant on bail during the pendency of the trial. Accordingly, it is directed that the applicant be released on regular bail, subject to fulfilment of conditions imposed. Bail application allowed.
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