Mumbai Court Grants Conditional Bail to Nilesh Jayanti Dohar in Corruption Case

Mumbai, April 10, 2024 – The Special Judge constituted under the Prevention of Corruption Act, 1988, for Greater Bombay at Mumbai, presided over by Mr. N.P. Mehta (C.R. No.46), has allowed the bail application of Nilesh Jayanti Dohar, aged 36 years. Dohar, accused No.3 in ACB Crime No. 12 of 2024, was apprehended for offences under Sections 7 (Public servant taking gratification other than legal remuneration in respect of an official act) and 12 (Punishment for abetment of offences1 defined in section 7 or section 11) of the Prevention of Corruption Act, 1988. He was in judicial custody and sought bail in Bail Application No. 316 of 2024. The order was passed on April 10, 2024.

Advocate Mr. Ankit Takle appeared for the applicant/accused No.3, while Mr. Lade, Ld. A.P.P., represented the State.

Applicant’s Arguments for Bail:

The applicant argued that he had been falsely implicated in the alleged offence and arrested without following due process of law. He submitted that if released on bail, he was ready to abide by all conditions imposed by the Court.

Prosecution’s Submission:

The Investigating Officer was present before the Court and requested that the accused’s presence be marked until the charge-sheet was filed before the trial Court.

Court’s Reasoning and Order:

Having considered the submissions and the nature of the crime alleged against the accused, the Special Judge proceeded to pass the following order:

ORDER

  1. ACB Bail Application No.316 of 2024 is allowed.
  2. Applicant/accused No.3 Nilesh Jayanti Dohar shall be released on his executing a Personal Recognizance (P.R.) bond of ₹40,000/- (Rupees Forty Thousand only) with one solvent surety in the like sum, with the following directions: i) Accused shall not interfere in the investigation of the instant crime. ii) Accused shall not threaten prosecution witnesses whose statement is recorded or will be recorded in the future. iii) Accused shall not leave the jurisdiction of this Court until the conclusion of the trial. iv) Accused shall submit the mobile numbers and residential proof of his two near relatives. v) Accused shall mark his presence every week, preferably on Monday, at the ACB office for enquiry between 11:00 a.m. to 2:00 p.m. hours until further order.
  3. ACB Bail Application No.316 of 2024 stands disposed of accordingly.

This order indicates that the Court granted bail to the accused, likely taking into account the initial stage of the investigation and the applicant’s willingness to abide by conditions. The imposed conditions aim to ensure the accused’s cooperation with the ongoing investigation, prevent any tampering with witnesses or evidence, and ensure his availability for the trial. The requirement for weekly presence at the ACB office serves as a measure to monitor the accused’s whereabouts and facilitate any further inquiry.