Prolonged pre-trial detention without a solid evidentiary basis may justify bail, balancing defendants' rights against the gravity of alleged corruption.

JUDGMENT :

Hon'ble Raj Beer Singh, J.

1. All the above referred three bail applications pertain to one and the same case and the case of all the applicants is similar thus, these bail applications are being decided by this common order.

2. These bail applications have been moved on behalf of the applicants in F.I.R. dated 24.4.2023, bearing No. RC 216/2023/A0004, Police Station-CBI/AC-I, New Delhi, under Sections-7/8/9/10/12 of P. C. Act and Section-120-B IPC with prayer to enlarge the applicants on bail during trial.

3. Heard Sri G.S. Chaturvedi learned Senior Advocate, assisted by Ms Somya Chaturvedi and Sri Swetash Agarwal, learned counsel for the applicants and Sri Gyan Prakash learned Deputy Solicitor General along with Sri Sanjay Yadav learned counsel for Central Bureau of Investigation (CBI) and perused the record.

4. According to prosecution version, an information was received by Central Bureau of Investigation (hereinafter referred as CBI) that Sri Ramit Lala, General Manager, Broadcast Engineering Consultants India Limited, a Central Public Sector Enterprise of Government of India (hereinafter referred as BECIL) under Ministry of Information and Broadcasting, is indulging in corrupt practices in collusion with unknown officials by extending favours to private companies in tender process and expeditious payment of their pending bills in exchange of huge bribe money from the representatives of such private companies. In that process information was developed that Ms Monica Dhawan, Managing Director of M/s Fusion Corporate Solution Private Limited, Gurgaon (hereinafter referred to the said ‘FCSPL’) along with her sister Charu Khanna, Business head, and her father Mr J.M.P. Khanna, also a director of the said company, is pursuing various tenders of the different ministries and government departments floated by BECIL and for clearing their pending bills for the already executed works awarded by the BECIL. As per information, Ms. Monica Dhawan approached Ramit Lala for favours in getting work orders. On 17.4.2023 Ramit Lala enquired from Ms. Monica Dhawan about pending bills of her company with BECIL and he asked her for a meeting. On 19.4.2023 Ramit Lala asked Ms. Charu Khanna to meet him in Delhi and later Ms. Charu Khanna informed Ramit Lala that amount could not be arranged. On 24.4.2023 the CBI came to know that Ms. Charu Khanna has told her sister Monica Dhawan that Ramit Lala is pestering her for payment of amount and she is tired of making excuses and she asked her father to arrange the money and that one Vishnu, driver of Charu Khanna, was asked to deliver bribe amount to Ramit Lala at his office. On the basis of these facts, a regular case was registered by the CBI.

On receipt of above information that driver Vishnu was likely to deliver the bribe amount to Ramit Lala at his office, a trap team, including two independent witnesses, was constituted and while the CBI team was on the way, the source informed that a packet containing bribe amount has been delivered by driver Vishnu Bahadur Bika to Ramit Lala near his office and thereafter the trap team was divided into two parts and one of the team apprehended Vishnu Bahadur Bika at Yamuna bridge near Akshardham temple, New Delhi, who disclosed that he has delivered a packet containing cash to Ramit Lala under instructions of Monica Dhawan. Meanwhile Ramit Lala was also located at the ‘Weekend Wine and More’ in Sector 101 NOIDA by second team and on his disclosure, the said packet cont