Ajit Kumar Sinha vs. The C.B.I, A.C.B, Patna Through Superintendent Of Police

Facts

The petitioner, Ajit Kumar Sinha, sought bail in a case registered by the CBI for an offense under Section 7 of the Prevention of Corruption Act. The petitioner, a Superintendent in Central Taxes and Central Excise (Audit), Audit Circle, Gaya, was apprehended with a bribe amount of Rs. 150,000/- allegedly given by a businessman. The petitioner claimed he was falsely implicated, stating the complainant had significant GST dues pending, which he was supervising. He argued that his demand for payment of GST dues was misinterpreted as a bribe demand, leading to a conspiracy by the complainant. The amount was allegedly recovered from his car, not in his exclusive possession, suggesting it was planted. The petitioner has been in judicial custody since December 31, 2022.

Held

The Court granted bail to the petitioner. While the CBI argued that the petitioner was apprehended with the bribe amount and that recorded conversations proved his guilt, the Court considered the petitioner's submission that he was demanding legitimate GST dues from a businessman with pending tax liabilities. The petitioner also contended that the money was planted in his car as part of a conspiracy. The Court noted that the petitioner had been in judicial custody since December 31, 2022. The reasoning for granting bail appears to be based on the petitioner's defense of demanding legitimate dues and the alleged planting of evidence, coupled with his period of custody. The Court directed the petitioner to furnish a bail bond of Rs. 10,000/- with two sureties of like amount. Conditions were imposed, including cooperation in the trial, physical presence as directed, and a warning against tampering with evidence or witnesses. The Court also mandated verification of criminal antecedents.

Key Issues

1. Whether the petitioner, a government official, is entitled to bail when apprehended with a bribe amount of Rs. 150,000/-, considering his defense that he was demanding legitimate GST dues from a businessman with pending tax liabilities, and that the money was planted in his car as part of a conspiracy. (Mixed question of law and fact, relating to Section 7 of the Prevention of Corruption Act and principles of bail). Petitioner's arguments: The petitioner is innocent and falsely implicated. He was performing his duty by demanding overdue GST payments to protect the government exchequer. The alleged bribe amount was planted in his car, not recovered from his possession, indicating a conspiracy. He has clean antecedents and has been in custody since December 31, 2022. Revenue's (CBI's) arguments: The petitioner was apprehended with the bribe amount of Rs. 150,000/-. Recorded conversations between the petitioner and the complainant demanding the bribe amount prove his guilt. A charge sheet has been submitted against the petitioner.