(1.) This is an application for bail under section 439 of the Code of Criminal Procedure in connection with Special Case no.01 of 2021(arising out of CBI FIR no. RC 0102020A0019 dated 21.09.2020) under sections 120B/420 of the Indian Penal Code and sections 7, 11, 12 of the Prevention of Corruption Act, 1988.
(2.) The case of the prosecution in nutshell is that a preliminary enquiry (PE) being no. PE0102018A0004 was registered on 06.04.2018 by the CBI, ACB, Kolkata against Shri Satish Kumar, the then Commandant of 36th Battalion of Border Security Force (BSF), Md Enamul Haque, Shri Bhuvan Bhaskar s/o Satish Kumar and others on the allegation of misconduct by public servant. In the preliminary enquiry it revealed that cattle from India to Bangladesh across the international border of these two countries were sent in large numbers illegally by paying illegal gratification to the BSF personnel who were responsible to prevent cross-border movement of men and property and safeguard the interest of India. Further it is alleged that during the posting of Shri Satish Kumar as Commandant of BSF, 36th Battalion, between the period from 19.12.2015 to 22.04.2017, more than 20,000 cows were seized by Border Security Force when those were about to be transported across the border to Bangladesh, however neither any vehicle carrying the animals nor any person was seized or apprehended at the time of seizure. The cattle so seized were shown in the seizure memo of the BSF to be small in size/common breed in order to reduce the auction value of such cattle. Thereafter the seized cattle were put into auction immediately within 24 hours of seizure with the help of nearest Customs station at Jangipur, Murshidabad and the traders like Md Enamul Haque, Anarul Sk, Golam Mustafa in unholy nexus with the officials procured such cattle at a considerable lower price. It is further alleged that in lieu of such favour, Md Enamul Haque used to pay Rs.2000/-per cattle to BSF officials and Rs.500/-to the concerned Custom officials. Besides the above, the officials of Indian Customs also used to take bribe of 10% of the auction price from the successful bidders like Md Enamul Haque, Anarul Sk, Golam Mustafa. Moreover, it is alleged that only the said batch of traders were allowed to buy the cattle at very low prices at the auctions. After showing the auctioned cattle to have been disposed of at local markets the same were illegally smuggled across the international border. Further Shri Satish Kumar got his son Shri Shri Bhuvan Bhaskar employed in the company of Md Enamul Haque at a monthly salary of Rs 30,000/- to Rs 40,000/- between May, 2017 to December, 2017 which reflects upon his close relationship with the partners of unholy nexus. On such basis a regular case was registered against the petitioner and others under section 120 B of Indian Penal Code and section 7, 11 and 12 of the Prevention of Corruption Act, 1988.
(3.) The petitioner, who was arrested on 06.11.2020 in connection with the aforesaid case and is in custody since then, seeks bail.