Point of Law : Hon’ble Supreme Court has reiterated position regarding ill effects of Socio Economic Offences and has also laid down that length of tenure in custody may not be only factor of consideration for grant of bail.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. Heard Shri D. Das, learned Senior Counsel along with Shri Z. Kamar, learned Senior Counsel assisted by Shri A. Kalita, learned counsel for the petitioner, namely, Shri Chintan Jain, who has filed this bail application under Section 439 of the Cr.P.C. praying for bail in connection F.I.R. No. RC AC-12021A0011 registered under Section 120-B, IPC read with Sections 7/8/12 of the Prevention of Corruption Act, 1988.

2. The petitioner was arrested on 14.12.2021.

3. At the outset, the learned counsel has fairly submitted that on an earlier occasion, this Court vide an order dated 01.04.2022 has rejected the application for bail of the petitioner.

4. Pursuant to the order dated 14.06.2022, Shri S.C. Keyal, learned Standing Counsel, CBI has produced the Case Diary.

5. To examine the issue regarding grant of bail, the facts of the case may be noted down briefly.

6. The case registered is with regard to criminal conspiracy, demand and acceptance of bribe by public servants, obtaining undue advantage without consideration by public servants. The prosecution's version is that during the year 2020-2021, the petitioner, who is a businessman doing contract work with the Railways entered into a criminal conspiracy with one Shri Ranjit Kumar Borah, Deputy Chief Electrical Engineer/Coaching, N.F. Railway. The petitioner, who is connected with a Company namely M/s Sunshine Devices Pvt. Ltd. as a Director and a Sister Concern Firm namely M/s Sunshine was extended undue favours in connection with various contracts of the NF Railway in lieu of demand and acceptance of illegal gratification. In the aforesaid manner, Shri R.K. Borah was favoured with two numbers of immovable properties as illegal gratifications. However, on 28.10.2021, Shri Borah had demanded from the petitioner illegal gratification of Rs. 2.10 crores in lieu of the two immovable properties. There was also a demand for a mobile phone worth Rs. 1.3 lakhs by Shri Borah.

7. In course of the demand, various amounts were paid from time to time. On 14.12.2021, an amount was allegedly collected by Shri Niraj Kumar, employee of the petitioner from Shri Vijay Kumar Upadhyaya, who was working as Chief Engineer (Electrical), N.F. Railway, Maligaon and was delivered to Shri R.K. Borah. It was at that stage, when the Investigating Agency had intervened and recovery of Rs. 15 lakhs (approximately) was made. Allegations of recovery of Rs. 2.12 crores (approx) from the residence of Shri Vijay Kumar Upadhyaya at NOIDA is also there.

8. Shri Das, the learned Senior Counsel for the petitioner submits that in the earlier round of litigation wherein three nos. of bail petitions were moved together, the thrust was more on default bail by stating that even without completion of the investigation, the Charge Sheet was filed just prior to expiry of the statutory period. However, the said contention was not accepted and accordingly, the bail petitions were rejected.

9. The learned Senior Counsel for the petitioner has submitted that as on date the petitioner is behind the bars for 225 days and the Charge Sheet has been filed and the charges are to be framed. He further submits that one co-accused namely V.K. Upadhyay has already been released on bail. As regards to the other aspects of the matter, it is submitted that the petitioner is no way connected to the Firm M/s Sunshine which was allotted a number of contracts by the Railways and M/s Sunshine Devices Pvt. Ltd. is a different entity altogether. The petitioner has categorically denied that Niraj Kumar is his employee. The learned Senior Counsel has also submitted that the rights of the petitioner under Article 21 of the Constitution of India has been violated. It is accordingly submitted that the petitioner has already suffered immensely and therefore, he be released on bail so that he is in a better position to prepare h