Judgment (Oral)

1. The accused/applicant seeks anticipatory bail in case FIR No. RC2172025A0024 dated 19.12.2025 of PS CBI/AC-II/New Delhi for offence under Section 7/7A/8/9/10 of PC Act and Section 61(2) BNS.

2. Status report is stated to have been filed but not on record.

3. Learned senior counsel for accused/applicant submits that the main accused namely Lt. Col. Deepak Sharma has been released on bail, so the accused/applicant deserves at least parity, though role ascribed to the accused/applicant is much lesser.

4. Broadly speaking, the case set up by prosecution is that Lt. Col. Deepak Sharma indulged into corrupt and illegal activities by entering into conspiracy with representatives of private companies dealing in defence manufacturing, logistics and exports. The role ascribed to the accused/applicant is that he was managing the India operations of a Dubai based company namely M/s D. P. World and was in contact with Lt. Col. Deepak Sharma, so as to obtain his assistance for undue favours from Government departments and ministries. It is further alleged against the accused/applicant that in lieu illegal gratification he conspired with the accused Lt. Col. Deepak Sharma for obtaining certain approvals from the Ministry of External Affairs. As per prosecution, a sum of Rs. 3,00,000/- was received by Lt. Col. Deepak Sharma towards illegal gratification and that amount was recovered from him in the course of a raid conducted by the CBI.

5. The evidence gathered by the CBI to connect the accused persons with the alleged offence is largely in the form of WhatsApp chats. As discussed in last order, the alleged WhatsApp chats are in the form of chat screenshots and not the chats per se.

6. Further, as recorded on last date, the present bail application is opposed by CBI only on the ground that the accused/applicant has not been cooperating in the investigation.

7. In the above backdrop, especially because the main accused Lt. Col. Deepak Sharma already stands released on bail, a query is put to learned SPP for CBI as to why the present accused/applicant was not arrested. In response, it is stated by the learned SPP that the accused/applicant did not join investigation despite three notices and thereafter he was granted interim protection, so there was no occasion to arrest him.

8. Learned SPP opposes the anticipatory bail application only on one ground, which is that if granted anticipatory bail, the accused/applicant would not cooperate in the interrogation. There is no other ground of opposition, mainly because the main accused Lt. Col. Deepak Sharma has already been granted bail.

9. The ground on which the anticipatory bail is opposed that the accused/applicant would not cooperate in the interrogation is, to say the least, a vague and unacceptable ground. Merely because an accused is smart in responding to the questions of the interrogator, it cannot be said that he is not cooperating in the interrogation. Nobody is under a duty not to be smart. It is the interrogator who has to be smarter in order to elicit the requisite information. It is nobody's case that CBI apprehends that once granted anticipatory bail, the accused/applicant would flout the notice to join investigation or, much less, that he would flee.

10. Further, as informed by learned senior counsel for accused/applicant at this stage, main chargesheet against the accused persons has already been filed on 16.02.2026, though according to learned SPP further investigation to file supplementary chargesheet is being carried out. Learned SPP for CBI submits that the accused/applicant be bound to join investigation so that supplementary chargesheet is filed in time.

11. Considering the overall circumstances, the anticipatory bail application is allowed and it is directed that in the event of his arrest, the accused/applicant shall be released on bail, subject to his furnishing a personal bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the IO. It is specifically directed that the accused/applicant shall join investigation as and when directed in writing by the IO and shall not in any manner try to tamper with the evidence.

12. Accompanying applications stand disposed of.