Mumbai, October 14, 2022 (Special Judge, CBI): The Special Judge for CBI at Greater Bombay, S.P. Naik-Nimbalkar (Court Room No. 51), has granted bail to Sonu Bura, a Labour Enforcement Officer, in a bribery case registered by the CBI, ACB, Mumbai, under CR RC0262022A0016.

The order, dated October 14, 2022, was issued in Bail Application No. 657/2022. Bura was arrested on October 7, 2022, and initially remanded to police custody for three days, followed by judicial custody since October 11, 2022.

Prosecution’s Case:

The prosecution alleged that Bura demanded ₹15,000 from a complainant as an undue advantage to avoid inspecting company documents and allow the smooth functioning of the company’s business. He later agreed to accept a reduced amount of ₹10,000. On October 7, 2022, an ACB trap team caught Bura red-handed accepting this unlawful gratification. The tainted currency notes were recovered from his office cabin.

Applicant’s Plea for Bail:

Bura sought bail, claiming false implication. He argued that nothing incriminating was recovered from his residence or native place. He stated there was no direct contact with the complainant and that the complainant’s company was outside his jurisdiction, making the demand theory fabricated. He emphasized his willingness to cooperate, his roots in society, and his lack of criminal antecedents. He also cited his need to care for his uncle who is suffering from cancer and frequently visits Mumbai for treatment.

CBI’s Opposition:

The CBI opposed the bail, arguing that recorded conversations confirmed the demand, and the tainted currency notes were recovered from Bura’s office cabin. They expressed concerns that Bura, as a public servant, might influence witnesses and obstruct the investigation if released.

Court’s Reasoning for Granting Bail:

Special Judge S.P. Naik-Nimbalkar noted that while the prosecution alleged demand and recovery of the bribe amount, Bura had already been in police custody for three days, during which his voice samples were collected, and searches of his person, residence, and native place were conducted. The court found no specific pending investigation requiring Bura’s physical custody.

Considering the nature of the offence, the allegations, Bura’s lack of criminal antecedents, and his undertaking to cooperate, the court found a case for bail. However, to address the CBI’s concerns about witness tampering, certain conditions were imposed.

Order:

The court passed the following order:

1. Bail Application No. 657 of 2022 is allowed.
2. Bura shall be released on executing a PR and SB bond of ₹25,000 with one or two sureties of a like amount.
3. Bura shall furnish his permanent residential proof to the CBI and shall not change his address until the conclusion of the trial.
4. He shall produce proof of his identity and residence at the time of executing bail bonds and provide residential proof of two relatives or local contacts residing in Mumbai.
5. Bura shall not contact prosecution witnesses or tamper with prosecution evidence.
6. He shall not leave India without prior court permission.
7. Bura shall not commit any offence while on bail.
8. The applicant’s advocate was directed to inform him of these conditions.
9. Breach of any condition would lead to bail cancellation.
10. Bura was permitted to deposit ₹25,000 cash security in lieu of a surety bond under section 445 of Cr.P.C., to be replaced with a surety bond within four weeks.

The bail application was disposed of accordingly.