SHALINDER KAUR, J (ORAL)

1. By way of the present petition under Section 482 of the Bharatiya Nagarik Surakhsha Sanhita, 2023 (BNSS) the petitioner seeks the grant of Anticipatory Bail in FIR No. RC-216-2025-A-0005 dated 06.04.2025 for offences under Section 61(2) of Bharatiya Nyaya Sanhita, 2023 (BNS) & Sections 7, 8, 9, 10 & 12 of Prevention of Corruption Act, 1988 (PC Act) registered at Police Station CBI, AC-1, New Delhi (subject FIR).

2. The factual matrix, as emerging from the record, is that the petitioner is a public servant, who joined Government Service in the year 1995 and is presently serving as Senior Section Engineer (Tender Section) [SSE] with the Northern Railways, New Delhi.

3. It is the case of the prosecution that Saket Chand Srivastava, Senior Divisional Electrical Engineer (General) [Sr. DEE], Arun Jindal, SSE (In-charge, Tender Section), Electrical-G Branch (petitioner herein), and Tapendra Singh Gurjar, Senior Section Engineer, Electrical-G Branch, were engaged in corrupt and unlawful practices in the matter of issuance of work orders and clearance of bills pertaining to private contractors, in lieu of illegal gratification.

4. The prosecution has alleged that Saket Chand Srivastava, Sr. DEE, amassed approximately Rs. 1.2 crores as bribe money from various railway contractors, and that the said amount was subsequently converted into gold from Rama Krishna Jewelers, Lajpat Nagar, with the assistance of one Saket Kumar, Director, M/s Shivmani Enterprises Pvt. Ltd., and the petitioner.

5. It is also alleged that the petitioner was actively involved in the collection of bribes from various railway contractors, both for himself and on behalf of Saket Chand Srivastava, Sr. DEE, in exchange for awarding work orders and facilitating clearance of bills.

6. On 06.04.2025, acting upon an information received from a source, the Central Bureau of Investigation (CBI) that Saket Chand Srivastava, Tapendra Singh Gurjar, and Gautam Chawla, would be meeting at Sandoz Restaurant, Connaught Place, New Delhi for a bribe transaction linked to railway supply contracts awarded to M/s Vatsal Infotech Pvt. Ltd., represented by Gautam Chawla. The CBI monitored the individuals, when Gautam Chawla was observed handing over a sum of Rs. 7 lakhs in cash to Saket Chand Srivastava and Tapendra Singh Gurjar. Upon witnessing the exchange of money, the CBI team moved in promptly and apprehended all three individuals at the scene.

7. Pursuant thereto, between 2:30 PM on 06.04.2025 and 2:15 AM on 07.04.2025, a search was conducted by the respondent at the premises of the petitioner, during which, inter alia, cash amounting to Rs. 7,85,000 and gold worth Rs. 43.06 lacs was seized.

8. Apprehending that he would be arrested in connection with the subject FIR, the petitioner, on 15.04.2025, preferred an Anticipatory Bail Application before the learned Special Judge (PC Act) (CBI), Rouse Avenue Courts, Delhi. However, on 25.04.2025, the learned Special Judge dismissed the said Application, thus, leading to the filing of the present application before this Court, seeking grant of pre-arrest bail in the subject FIR.

9. Ms. Nandita Rao, the learned Senior Counsel for the petitioner submits that the petitioner is a public servant who has deep roots in society. He enjoys an unblemished service of 29 years and has never been involved in any criminal activity/case.

10. She submits that the basic requirement of conducting an investigation under the law has not been fulfilled by the CBI as, till date, the petitioner has not been served with any notice under Section 35(3) (erstwhile Section 41A CrPC) of the BNSS by the respondents. However, the children of the petitioner have been summoned by the CBI around six times and have cooperated with the investigation. She submits that the petitioner has not been issued a single notice asking him to join the investigation, which per se, indicates that the presence of the petitioner has not been considered necessary for the