A Delhi court on Friday granted bail to Aam Aadmi Party leader Satyendar Jain in the alleged multi-crore sewage treatment plant scam.
Pointing out the unexplained and extraordinary delay of 27 months between the FIR lodged and the arrest being made, Special Judge Dig Vijay Singh of Rouse Avenue Court said that the delay indicates that the investigating agency did not consider his physical custody necessary for over two years.”
“The prosecution has failed to identify any new or sudden intervening circumstance that warranted his arrest after such a prolonged gap. Not much seems to have been achieved in the investigation during this long period besides collecting replies/responses and documents,” said the judge.
He further added that the case rested only on notes, files, technical proposals, minutes of meetings, and bank transaction statements, etc., that have already been seized by the ACB.
Besides, he asserted that the purpose of detention is to secure the accused in order to prevent obstruction of justice.
“It cannot be permitted to degenerate into an advanced form of punitive punishment prior to conviction,” the Judge said, adding that the decision of the ACB not to seek police custody demonstrated that there was no active requirement for custodial interrogation.
Highlighting that the judicial custody demanded by the ACB held no active requirement for custodial interrogation.
The judge also noted that no digital proofs were submitted that might presently connect Jain to the kickbacks and hawala transactions with other co-accused persons in the conspiracy.
The agency claimed the tender was allegedly manipulated to restrict competition and favour Euroteck Environment (EEPL), which was eventually awarded the contract to upgrade and augment the five STPs in Nilothi, Najafgarh, Narela and Kondli between 2021 and 2022. It claimed Jain and Rai collected bribes worth Rs 1.5 crore.
The four others arrested in the case are DJB’s former contractual consultant Ankit Srivastava; proprietor of M/s AN Enterprises Nagendra Yadav; owner of M/s Euroteck Environment Pvt. Ltd Raj Kumar Kurra; and proprietor of M/s Srijanhar Pankaj Verma. They are currently arrested with bail pleas pending.