Final Order 3

Order Details: COPY OF ORDER
Pdf Text: Bail Matter No. 234/2026
CBI v. Kailash Kumar Singh & Ors.
FIR No. RC0032026A0043
CBI, ACB, New Delhi.
u/s 61(2), BNS, 2023 r/w Section 7 PC Act, 1988
29.08.2026
Present:- Sh. Ashish Bilgaiyan, Ld. Public Prosecutor for CBI.
Sh. Arun Khatri (VC) and Ms. Anushka Bhalla, Ld.
Counsel for applicant/accused.
IO- Insp. Mukesh Kumar Mishra, CBI, ACB, Delhi.
Arguments heard. Record perused.
1. The present bail application has been filed on behalf of
applicant/accused Kailash Kumar Singh under Section 483 of the
BNSS, 2023.
2. It is alleged against the applicant/accused that he was
working as the Sub-Registrar, Kashmere Gate, Delhi and his
Reader, namely, Sanjeev Singla (co-accused) demanded bribe of
Rs. 5,000/- for registration of relinquishment deed.
3. During the verification conducted on 22.07.2026, it is
alleged that co-accused Sanjeev Singla demanded the bribe of Rs.
5,000/- on behalf of applicant/accused Kailash Kumar Singh, Sub-
Registrar, Kashmere Gate, Delhi for registration of relinquishment
deed. Thereafter, the present FIR was registered and a trap was
laid by the CBI on 23.07.2026. It is alleged that during the trap
proceedings, a private person namely Kuldeep received the bribe
amount on behalf of accused persons.
4. Ld. Counsel for the applicant/accused has submitted that
the investigation in the present case has been completed. It is
further submitted that the applicant/accused was not found in
possession of bribe amount. It is further submitted that if someone
accepts bribe in the name of applicant/accused without any
connivance of the present accused, then, the applicant/accused
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cannot be held responsible for the act done by any third person. It
is further submitted that the case of prosecution is based upon
surmises and conjectures and further judicial custody of the
applicant/accused is not warranted.
5. On the other hand, Ld. Public Prosecutor for the CBI
submits that public servant is expected to maintain integrity and
honesty in the performance of public duty. It is further submitted
that the offence falls in the grave category, and releasing the
applicant/accused on bail at this stage may affect the trial of the
case as he is a bureaucrat and exercises control over his junior
staff.
6. After hearing the arguments, it is to be noted here that the
applicant/accused was arrested on 24.07.2026, and since then he
is in judicial custody. All other co-accused persons have already
been arrested. The transcription of the recorded conversation has
been prepared and the voice identification of accused has been
completed. The statements of other witnesses have also been
recorded. Therefore, the investigation qua the present accused, has
been completed.
7. Undoubtedly, accepting bribe by a public servant is a grave
category, but it is also a settled law that the gravity of offence shall
not be made a sole ground for rejection of bail.
8. It is to be noted that Section 480 BNSS and 483 BNSS,
2023 do not exhaustively enumerate the grounds on which bail
may be granted to an accused person. However, judicial
pronouncements have laid down broad parameters to be
considered while deciding a bail application. These include the
nature and gravity of the accusation, the severity of punishment in
the event of conviction, the prima facie evidence available against
the accused, the possibility of the accused influencing or
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intimidating witnesses, the likelihood of tampering with evidence,
and the possibilty of the accused fleeing from justice. The Court is
required to consider the cumulative effect of these parameters
while deciding the prayer for bail.
9. It would thus be seen that the prosecution needs to
establish demand and acceptance during the trial. Apparently, the
present accused himself did not receive the bribe amount. The
bribe amount has not been recovered from him. Further, the
investigation qua the applicant/accused has been completed. There
is no likelihood that he would be able to tamper with the evidence
or to influence the trial of the case. Accordingly, the
applicant/accused is admitted to bail on furnishing a personal bond
for a sum of Rs. 50,000/- with one surety of like amount, subject
to condition that he will regularly attend the trial of the case; shall
not try to influence of witnesses, and also cooperate with the CBI.
10. Accordingly, the present bail application is allowed and
disposed off accordingly.
11. Copy of this order be given dasti.
(Rajesh Malik)
Special Judge (PC Act) CBI-14
Rouse Avenue District Court
New Delhi :29.08.2026
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