BA 144­18 in RA 223­18
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IN THE SPECIAL COURT FOR CBI AT GREATER BOMBAY
BAIL APPLICATION NO.144 OF 2018
IN
REMAND APPLICATION NO. 223 OF 2018
Nagendra Prasad Yadav
…Applicant
Versus
The State (CBI, ACB, Mumbai)
CORAM :
DATED :
…Respondents
HIS HONOUR JUDGE SHRI S.R. TAMBOLI
(COURT ROOM NO.47)
06.03.2018
SPP Mr. J.K. Sharma for the CBI, EOW.
Advocate Mr. A.Z. Mookhtiar for the applicant/accused.
ORDER
1.

Applicant/accused has prayed for bail as per section 439 of Cr.P.C. .

He has been arrested by CBI/ACB, Mumbai in connection with FIR bearing
no.RC BA1/2018/A/0008 CBI ACB, Mumbai.
2.

Ld. Counsel for the applicant/accused submitted that the applicant is
employed as Sr. Examiner, Trade Mark Registry, Trade Mark Division,
Intellectual Property Bhavn, Antop Hill, Mumbai. The applicant has been
falsely implicated by the First informant/complainant in the above case.
Keeping the applicant in further custody would amount to punishing the
applicant without fair trial. The applicant has strong roots in the society.

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BA 144­18 in RA 223­18
The applicant as well as his family resides in Mumbai and shall always be
available for trial. The applicant undertakes not to tamper with any
evidence and/or threaten any witness and/or interfere in the process of
justice and /or administration of justice. The investigation as far as the
applicant is concerned is more or less completed. No role has been
attributed to the applicant save and except the allegations. The applicant
does not have any criminal antecedents. The applicant is ready and willing
to co­operate with the investigations to enable the investigating agency to
unfold the true and correct facts. Liberty and reputation of the accused is
at stake. His custody is not required even for that purpose as accused is
always available for the purpose of investigations. The applicant has to
attend his wife and two minor children namely one being Yashashvi Yadav
aged 03 years an the other being Vatsal Yadav aged 2 months. The
applicant also has to attend to his aged parents. Investigation will take
much time till then it is not proper to detain the accused behind the bar.
Hence, he prayed that accused be released on bail.
3.

Per­Contra, Ld. SPP for the CBI, EOW submitted that the case RC
BA1/2018/A/0008 was registered on 22.02.2018 on the basis of written
complaint dated 22.02.2018 of Mr. Om Prakash Shrivastav, Supervisor,
M/s. Anovaa Pharma Pvt. Ltd. Accused is serving as Senior Ex­ manager
Trade Mark Registry, Trade Marks Division Intellectual Property Bhawan,
Antop Hill, Mumbai. He demanded bribe of Rs.5,000/­ for accepting brand
name,” ALLONOVA” from first informant Om Prakash Shrivastav. The
complaint was verified in the presence of independent witnesses by
sending the complainant Mr. Om Prkash Shrivastava to the office of
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BA 144­18 in RA 223­18
accused on 22.02.2018. During the said meeting, accused demanded bribe
amount of Rs.5,000/­ for accepting brand name as stated above. Hence,
case came to be registered against accused under section 7 of PC Act, 1988.
He has been arrested on 23/02/2018. Keeping in view of serious nature of
the offences, it is requested that application of accused be rejected. It is
apprehended that if he is released on bail then he may threaten the
complainant and tamper with evidence. Hence, he prayed to reject the
application.
4.

To support its contention Ld. Counsel for accused placed reliance on
the decision of Hon’ble Apex Court . It is delievered in Bhagirath Sinh S/o.
Mahipat Singh Judeja v/s. State of Gujarat AIR 1984 SC 372 and he
also placed reliance on the decision of Hon’ble Apex Court. It s delievered
in Dattaram Singh V/s. State of Uttar Prdesh & Anr. In Criminal Bail
Application N. 227 of 2018 decided on 06/02/2018.
5.

Relying on the aforesaid decision Ld. Counsel for accused submitted
that the discretion to decide the bail application should be exercised
judiciously and in a humane manner and compassionately. The accused
should not be detained in jail by way of punishment before trial.
6.

Application of the accused is contested by prosecution mainly on the
ground of the seriousness of the case and tampering of the evidence.
7.

However, in the present case the amount involved in the offense is
Rs.5,000/­. Further, the panchanama of the raid is completed. The search
of the premises of the accused has been taken. It is not the case of the
BA 144­18 in RA 223­18
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disproportionate assets.
8.

Further, in the present case other documents have not been involved.

Complainant himself is a star witness. If accused tries to influence the
complaint, then prosecution can apply for cancellation of bail.
9.

Accused is a public servant. He is having deep roots in the society.

There is no possibility of absconding. Further, trial will take much time.
Punishment provided for the offence is not more than 7 years.
10.

Hence, This court found substance in the contention of the Ld.

Counsel for the accused. Considering all these facts, this court think it
proper to allow the application.
11.

In the result, this court pass the following order:­
ORDER
1.

Application is allowed.

2.

Accused be released on PR of Rs.1,00,000/­in the same
amount of surety.

3.

Accused to give proof of his residence in detail supported by
documentary evidence.

4.

Accused not to leave the country without prior permission of
the court.

5.

Accused to deposit his passport, if any in the office of CBI.

6.

Accused to attend the office of CBI on each Saturday in
fortnight in between 9.00 a.m. to 5.00 p.m. till filing of the
chargesheet.

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7.

BA 144­18 in RA 223­18
Accused not to tamper prosecution’s witnesses or any
documents connected with the offence.

06.03.2018
Dictated on
Transcribed on
Signed on
(S.R.TAMBOLI)
Special Judge (CBI)
Gr. Bombay.
: 06.03.18
: 06.03.18
: 07.03.18
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BA 144­18 in RA 223­18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
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07.03.2018
Name of the Judge
12.40. a.m.

Mrs. R. S. Bhor
HHJ Shri S.R. Tamboli (CR
No.47)
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Judgement/Order.
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07.03.2018
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