Mumbai, Maharashtra: Shri. Ulhas Ananda Lokhande, a 51-year-old employee of the Income Tax Department, Government of India, has been granted bail by the Special Judge for CBI, Greater Bombay, Shri. Jayendra C. Jagdale. The order, dated January 8, 2018, pertains to Bail Application No. 26 of 2018, filed in connection with CBI case R.C. No. BA1/2018/A0001-C.B.I., A.C.B., Mumbai, which registered an offence under Section 7 of the Prevention of Corruption Act, 1988.

Lokhande, a resident of Dharavi, Mumbai, was represented by Ld. Advocate Mr. Ravi L. Gurnani. The Central Bureau of Investigation (CBI), the complainant in the case, was represented by Ld. S.P.P. Mr. Soni.

During the hearing, Advocate Gurnani reiterated the contents of the bail application. The prosecution, however, strongly objected to granting bail and submitted their say on the application.

The applicant, Lokhande, contended that despite a search of his residential premises by the investigating agency, nothing incriminating was found or seized by the CBI. He was arrested on January 3, 2018, and produced before the court on January 4, 2018, following which he was remanded to police custody until January 6, 2018. Lokhande claimed innocence and alleged false implication by the complainant, denying any demand or acceptance of illegal gratification. His application also argued that his arrest was in violation of Section 41 of the Code of Criminal Procedure, 1973, as outlined by the Supreme Court in various decisions. The allegation against him was that he demanded ₹2 lakhs and accepted ₹1 lakh as illegal gratification from the complainant. Lokhande, being a permanent employee of the Income Tax Department, asserted that he was unlikely to abscond and that his continued detention with hardened criminals would expose him to a life of crime.

The prosecution countered these arguments, stating that Lokhande was caught red-handed while accepting ₹1,00,000/- from the complainant, having initially demanded ₹1,25,000/-. The CBI argued that the large amount involved suggested a potential larger conspiracy requiring further investigation, possibly involving other officials. They contended that releasing Lokhande at this crucial stage of the investigation could impede the process, especially as material witnesses were being identified for examination.

Upon perusal of the records and hearing the arguments, Special Judge Jagdale noted the CBI’s objection but pointed out the absence of specific grounds for rejecting bail. The court observed that the CBI’s objections did not indicate a likelihood of Lokhande fleeing from the law or failing to appear for hearings. Furthermore, there was no concrete basis to presume that he would tamper with evidence or obstruct the investigation. The court opined that keeping Lokhande in judicial custody would serve no useful purpose, as the primary aim of bail is to ensure the accused’s presence during the trial, which could be secured through conditions. Lokhande had also assured cooperation with the investigating officer and attendance at the trial. Considering the nature of the offence, the court deemed further custodial investigation unnecessary. However, acknowledging the gravity of the offence, the court deemed a substantial surety necessary.

Consequently, the court passed the following order:

1. Bail Application No. 26/2018 is allowed.
2. Applicant Shri. Ulhas Ananda Lokhande is directed to be released on executing a P.R. Bond of ₹1,00,000/- (Rupees One Lac Only) and furnishing one or more sureties of the like amount within two months.
3. The applicant is directed not to leave India without obtaining prior permission from the court.
4. Until furnishing surety, the applicant is directed to surrender his passport, if any, to the CBI.
5. The applicant is directed to furnish his permanent address and contact numbers to the CBI.
6. The applicant is directed to furnish the addresses and contact numbers of two of his relatives to the CBI.
7. The applicant is directed not to tamper with the prosecution evidence and to assist in the disposal of the trial.
8. The applicant shall not commit any offence while on bail.
9. Breach of any of the above conditions will result in the cancellation of his bail.
10. The applicant is allowed to be released provisionally after furnishing a cash bail of ₹1,00,000/-.
11. The Registrar (Sessions) is directed to accept the cash bail amount after treasury hours.

Bail Application No. 26/2018 was accordingly disposed of. This order grants conditional release to the accused Income Tax employee, balancing his personal liberty with the requirements of the ongoing investigation and the judicial process. The stringent conditions imposed aim to ensure his availability for trial and prevent any interference with the evidence or witnesses.