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Bail application of the petitioner in a corruption case involving V. Krishnamurthy and others. Analysis: The judgment concerns a bail application by the petitioner, Binoy Jacob, who is accused in a corruption case involving V. Krishnamurthy and his sons. The prosecution alleges that Krishnamurthy, a public servant, conspired with Jacob and others to earn illegal commissions from multinational companies. The petitioner's involvement is primarily linked to two companies, M/s. Apten and M/s. Link Universe, with no direct connection to other companies mentioned in the case. The prosecution contends that substantial amounts were deposited in foreign bank accounts through illegal means. The petitioner, arrested in December 1992, argues that he is not a public servant and should not be charged under corruption laws. The defense highlights the petitioner's roots in society, assets in Delhi, and no prior criminal record to support the bail application. The Central Bureau of Investigation (C.B.I.) opposes the bail, citing the gravity of the offense, the risk of evidence tampering, and the likelihood of the petitioner fleeing. The defense challenges the unequal treatment, noting that main accused Krishnamurthy and his sons were not arrested, raising questions about the investigative agency's discretion. The judgment emphasizes that each bail application must be considered on its merits, with no strict rules governing the decision. The court acknowledges the C.B.I.'s explanation for not arresting Krishnamurthy and his sons but questions the differential treatment towards the petitioner. Notably, if the chargesheet is not filed within the specified period, the accused must be released on bail as a matter of right. Considering the circumstances, the court grants bail to the petitioner, directing him to furnish a bond and adhere to specific conditions. These conditions include not tampering with evidence, cooperating with the investigation, seeking court permission before leaving India, and informing the Investigating Officer of travel details if leaving Delhi. The judgment underscores the importance of upholding the rule of law and ensuring fair treatment in legal proceedings.
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