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2022 Supreme(Del) 84

MANOJ KUMAR OHRI
Anuj Gupta – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Amit Sharma, Sr. Advocate with Mr. Akshay Chandra, Advocate
For the Respondent:Mr. Nikhil Goel, SPP for CBI with Mr. Vinay Mathew, Advocate.

JUDGMENT :

MANOJ KUMAR OHRI, J.

1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant seeking regular bail in FIR No.RC2182021A0007 registered under Sections 7/8/9/10 of the Prevention of Corruption Act, 1988 (as amended in 2018) read with Section 120B IPC at P.S. CBI/AC-III, Delhi.

2. Mr. Amit Sharma, learned Senior Counsel appearing for the applicant, submitted that the applicant, who is a qualified Chartered Accountant (CA), was arrested on 31.12.2021, whereafter he was remanded to police custody till 08.01.2022, and ever since 09.01.2022, he is in judicial custody. It was further submitted that as per the prosecution case, the applicant’s phone was on surveillance, however no transcript of any conversation has been placed on record to back-up the allegation that the applicant was aware of the facts or involved in any other illegal activity. Rather, there is no record of any call between the applicant and the accused/Akil Ahmad, except one call which was made by the applicant at the instance of the CBI officials and another call which was received by the applicant from Akil Ahmad during the trap proceedings, after recovery of the bribe

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