Shanker Parmar vs. Central Bureau Of Investigation

Held

The Court allowed the bail application. The primary reasoning was based on several factors: the person from whom the bribe amount was seized (Suresh Mansukhani) had been granted the benefit of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023; the investigation had been completed, and a chargesheet had been filed; and the applicant had been in custody for approximately three months. The Court explicitly stated that it was not commenting on the merits of the case. The applicant was directed to be released on bail upon furnishing a personal bond of Rs. 1,00,000/- with one solvent surety of the like amount to the satisfaction of the trial court. He was also required to abide by the conditions enumerated under Section 480(3) of the BNSS (Section 437(3) of the Criminal Procedure Code, 1973) for his regular appearance during the trial. The application was disposed of.

Facts

This case involves a bail application filed by Shanker Parmar, who is implicated in a crime registered by the CBI for an offense under Section 61(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 7 of the Prevention of Corruption Act, 1988. The prosecution alleges that while posted as Assistant Commissioner, CGST, Ratlam, the applicant demanded Rs. 5 lakhs from a complainant, Rajesh Mansukhani, concerning alleged tax evasion. A portion of this amount was allegedly delivered to Suresh Mansukhani, from whom Rs. 1,50,000/- was recovered during trap proceedings on March 31, 2026. The applicant has been in custody since March 31, 2026. The investigation is complete, and a chargesheet has been filed.

Key Issues

1. Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the facts and circumstances of the case and the arguments presented by both sides? Petitioner's Arguments: The applicant contends he has been falsely implicated. He argues that the bribe amount was seized from Suresh Mansukhani, not directly from him, and the applicant was implicated based on Suresh Mansukhani's disclosure memo. The applicant highlights that Suresh Mansukhani has been granted the benefit of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. He also points out that he has been in custody for approximately three months, the investigation is complete with chargesheet filed, and therefore, no further custodial interrogation is required. Given the maximum sentence for the alleged offense is seven years, the applicant submits he deserves bail. Respondent's Arguments: The CBI opposes the bail application. They argue that the applicant was implicated not only based on Suresh Mansukhani's memorandum but also due to call conversation details and information received regarding the demand. Therefore, considering the alleged demand made by the applicant, he does not deserve to be enlarged on bail.