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Bombay High CourtABA/190/2025disposed off

Subodh Kumar Roy Son Of Shri Shyamnandan Roy v. Central Bureau Investigation And ORS

2025-12-19Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 279 OF 2025 Shuaib Qamar Khan ...Applicant V/s.

The State of Maharashtra & Anr.

...Respondents.

WITH ANTICIPATORY BAIL APPLICATION NO. 190 OF 2025 Subodh Kumar Roy son of Shri Shyamnandan Roy ...Applicant V/s.

CBI, ACB, Mumbai and Ors.

...Respondents.

..............

Mr. Ashok Mundargi, Sr. Advocate a/w. Ms Pravada Raut i/b Mr.Varun Thokal for the Applicants Mr. Kuldeep Patil,Special P.P. for the Respondent-CBI. Mrs. Rutuja Ambekar, APP for the Respondent/State ..............

CORAM

:

N.R. BORKAR, J.

DATE :

19.12.2025.

P.C. :

1.

Both these applications filed for anticipatory bail are arising out of one and the same crime. They are thus being disposed of by this common order.

2.

The applicants are apprehending their arrest in Crime No.RC0262025A0002 registered by Central Bureau of Investigation, ACB, Mumbai for the offences punishable under Sections 61(2) of the Bharatiya Nayaya Sanhita, 2023 and Sections 7, 7A, 8, 9 and 12 of the Prevention of Corruption Act, 1988.

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3.

It is alleged that the applicant in Anticipatory Bail Application No. 190 of 2025, who at the relevant time was working as Inspector, Income Tax International Taxation Circle, Mumbai entered into conspiracy with the applicant in Anticipatory Bail Application No. 279 of 2025 who was working with M/s. Cosco Shipping Lines (India) Pvt. Ltd. and issued 100% DIT relief certificate for newly added vessel by accepting undue advantage from him.

4.

I have heard the learned senior advocate for the applicant and the learned Special P.P. for the respondent/CBI. 4.

Mr. Kuldeep Patil, learned Special P.P. for the respondent/CBI, on instructions, submits that the investigation is over and the charge-sheet is ready. It is submitted that as this court by order dated 31st January 2025 directed the CBI not to take any coercive action against the applicants and therefore, the charge-sheet has not been filed. It is submitted that the applicants have cooperated during investigation and their custodial interrogation is not necessary.

5.

Considering the overall facts and circumstances, I am inclined to release the applicants on anticipatory bail. In the result, the following order is passed.

ORDER

A) The Applications are allowed.

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B) In the event of arrest of the applicants in C.R. No. RC0262025A0002 registered by Central Bureau of Investigation, ACB, Mumbai for the offences punishable under Sections 61(2) of the Bharatiya Nayaya Sanhita, 2023 and Sections 7, 7A, 8, 9 and 12 of the Prevention of Corruption Act, 1988, they be released on bail on executing P.R. Bond in the sum of Rs.25,000/- each with one surety or two sureties in the like amount.

C) It would be open to the CBI to file the charge-sheet. [N.R.BORKAR, J.] 3/3