Niraj Kumar v. Central Bureau Of Investigation Acb, Mumbai And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2112 OF 2025 Rajiv Ranjan Umeshkumar Sinha ...Applicant V/s.
Central Bureau of Investigation ACB, Mumbai & Anr.
...Respondents.
WITH ANTICIPATORY BAIL APPLICATION NO. 1947 OF 2025 Niraj Kumar ...Applicant V/s.
Central Bureau of Investigation ACB, Mumbai & Anr.
...Respondents.
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Mr. Subash Jha a/w. Mr. Siddharth Jha, Mr. Ashish Saxena i/b Law Global for the Applicants.
Mr. Amit Munde, Special P.P. a/w. Mr. Parikshit Pawar for Respondent No.1/CBI Mr. B.V. Holambe Patil, APP for the Respondent No.2/State. PI Devendra Gautam, CBI Officer is present.
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CORAM
:
N.R. BORKAR, J.
DATE :
12.12.2025.
P.C. :
1.
Both these applications 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.RC0262025A0032 registered by Central Bureau of Investigation, ACB, Mumbai for the offences punishable under Sections 61(2)of Bharatiya Nyaya Sanhita, 2023 and Section 7A of the Prevention of Corruption Act, 1988.
3.
This Court on 22nd August 2025 passed the following order: 1/3
"1. Heard Mr. Jha, learned Advocate for Applicants; Mr. Amit Munde, learned S.P.P. for CBI, ACB (Mumbai), Mr. Sharma, learned Senior P.P for C.B.I. and Mr. Dabke, learned APP for Respondent No.2- State of Maharashtra. 2.
These Anticipatory Bail Applications are listed at serial No.902 on Supplementary Board today.
3.
They are matters which are transferred from the alternate Court from this Court in view of order of 'Not before me'.
4.
Mr. Jha, learned Advocate representing the Applicants expresses his apprehension. He and learned S.P.P. for the Central Bureau of Investigation (C.B.I.) Mr. Munde appearing for Central Bureau of Investigation would candidly submit that Applicants had appeared for interrogation in the past but according to the prosecution they have evaded giving answers to the questions put by the prosecution and also destroyed one mobile phone containing incriminating material.
5.
Mr. Munde would submit that his instructions are to oppose grant of Anticipatory Bail Applications and seek custody of Applicants. It is also informed to the Court that matters were argued before the previous Bench on several occasions but due to several exigencies the matters are now listed before this Court.
6.
Mr. Munde persuades the Court to hear the matters finally if possible. Equally, Mr. Jha is also ready and willing. 7.
In that view of the matter, this Court proposes to hear the present Anticipatory Bail Applications on the next adjourned date.
8.
In the meanwhile, no coercive steps shall be taken against Applicants by prosecution. If prosecution desires Applicants to participate in any investigation they shall be free to call upon Applicants to attend office of the prosecution at reasonable hours for the same and the Applicants shall attend investigation. It is clarified that they shall not be arrested.
9.
In order to avoid any difficulty to prosecution / Central Bureau of Investigation the prosecution Officer shall provide the date and time with adequate notice to the Advocate of Applicants and Applicants are directed to 2/3
ensure that they comply with the attendance.
10. Stand over to 04th September, 2025. To be placed under the caption 'First on Board'."
4.
Learned Special P.P. for the respondent No.1/CBI, on instructions, submits that the investigation is over. It is submitted that custodial interrogation of the applicants is not required. 5.
In that view of the matter, I am inclined to release the applicants on anticipatory bail. In the result, the following order is passed.
ORDER
A) The Applications are allowed.
B) In the event of arrest of the applicants in Crime No. RC0262025A0032 registered by Central Bureau of Investigation, ACB, Mumbai for the offences punishable under Sections 61(2)of Bharatiya Nyaya Sanhita, 2023 and Section 7A 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.
[N.R.BORKAR, J.] 3/3