HEMANT KUMAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C. on behalf of applicant, who is in jail since 3/3/2024 in connection with Crime No. RC2182024A0008 registered at Police Station CBI/AC III New Delhi for the offence punishable under Ss. 7, 8, 9, 10, 11 and 12 of the Prevention of Corruption Act, 1988 and Sec. 120-B of the IPC.

(2.) Learned Senior Counsel appearing for the applicant submitted that other co-accused persons have been released on bail after considering the evidence on record. It is submitted that as per prosecution version an amount of Rs.32.00 lakhs was recovered from the house of applicant and there is allegation that Rs.15.00 lakhs has been delivered to applicant at behest of Bansal Construction. It is submitted that there is no demand. No complaint has been made to CBI. There are no eye witnesses. Co-accused are made witnesses in the case and only telephonic conversation as evidence is available with the respondent which is also not produced before the Court. In these circumstances, applicant may also be enlarged on bail.

(3.) Learned Standing Counsel appearing for the CBI has filed reply and opposed the application for grant of bail. He submitted that huge amount has been seized with the applicant and there is recorded conversation in which demand has also been made. In these circumstances, applicant may not be enlarged on bail.