In bribery cases, the necessity for compelling evidence is vital, and a lack of clear substantiation can warrant bail, especially if co-accused have been granted bail previously.

JUDGMENT :

SANJEEV KUMAR SHARMA, J.

1. Heard Mr. B. K. Mahajan, learned Senior Counsel for the petitioner and also heard Mrs. M. Kumari, learned Standing Counsel, CBI.

2. This is an application under Section 483 of BNSS, 2023 for grant of regular bail to the accused applicant in connection with RC-12(A)/2025- GWH arising out of FIR No.RC0172025A0012 under Section 61 (2) of the BNSS, 2023 read with Section 7, 8, 9, 10 and 12 of the Prevention of Corruption Act, 1988.

3. The facts as alleged in the FIR dated 14.10.2025 are, inter alia, that the informant who was identified as a source had lodged the FIR alleging that M/s. Mohan Lal Jain, a partnership firm having it’s office in Kolkata, West Bengal was awarded with the contract of 4-laning of National Highway-37, between Demow to End of Moran Bypass, in the Dibrugarh District in the State of Assam on EPC mode, besides other contracts under PMU, Dibrugarh scheduled to be completed in July, 2024; that the firm could not complete the construction in timely manner and therefore, applied for grant of Extension of Time (for short, ‘EoT’) and issuance of Completion Certification for the said project; that Shri Binod Kumar Jain, the accused applicant, a representative of the aforesaid firm, informed the co-accused Shri Maisnam Riten Kumar Singh, ED & RO, NHIDCL, Guwahati (herein after referred to as “Co-accused”) on 17.09.2025 that since his firm has already completed the Emergency Landing Facility (for short, ‘ELF’) in Dibrugarh and also submitted their request for grant of EOT as well as for issuance of the Completion Certificate, he wanted to meet the aforesaid Co-accused; that on 10.10.2025, the accused applicant conveyed to one Amit Jain, a partner of M/s Mohan Lal Jain that they were required to visit the aforesaid Co-accused at Guwahati either on 13.10.2025 or 14.10.2025; that the aforesaid Amit Jain conveyed the accused applicant that they would have to deliver a total amount of Rs.10,00,000/- (Rupees Ten Lacs only) as demanded by the aforesaid Coaccused; that the accused applicant conveyed to the aforesaid Amit Jain that he would be reaching Guwahati on 14.10.2025 to meet the Coaccused at his office; that there was every likelihood that the demanded bribe of Rs. 10,00,000/- (Rupees Ten Lacs) would be delivered by the accused applicant to the Co-accused on 14.10.2025 at NHIDCL, Regional Office, Guwahati for favourable issuance of EOT and the Completion Certificate.

4. On receipt of the FIR, the Officer-in-Charge, CBI, ACB, Guwahati registered the FIR on the same date as RC0172025A0012 under Section 61 (2) of BNS, 2023 read with Section 7/8/9/10/12 of the PC Act, 1988. The case No. RC0172025A0012 was renumbered as Case No. R12(A)/2025-GWH in the Court of learned Special Judge, CBI, Assam, Guwahati.

5. After receipt of the FIR, CBI prepared the Pre-Trap Memorandum (for short, ‘PTM’) on the same day i.e. 14.10.2025, wherein, name of particulars of 2 (two) independent witnesses as well as name of particulars of CBI officials were provided. The PTM reveals that one Shri Abhimanyu Kumar, PI and Trap Laying Officer (for short, ‘TLO’) led the CBI team for the trap. The PTM while detailing the factual background behind the trap, mentioned that there was every likelihood of a bribe of Rs.10,00,000/- (Rupees Ten Lacs only) would be delivered by the accused applicant to the Co-accused on 14.10.2025 for favourable issuance of the EoT and the Completion Certificate. Accordingly, a plan was made to lay the trap to catch the accused persons, namely, Sri Maishram Riten Kumar Singh (Co-accused) and Shri Binod Kumar Jain (accused applicant) on the spot while demanding and accepting and handing ov