Mumbai, Aug 18 (PTI) A special CBI court here has granted bail to a Customs superintendent in a bribery case after considering his medical condition.

Special CBI judge BY Phad last week allowed the bail application of Air Cargo Mumbai superintendent Krishan Kumar.

The order, made available on Monday, noted that the prosecution itself has acknowledged Kumar's health issues by sending him to multiple hospitals during police custody.

"It is a well-established principle that the health of an accused person must be given due consideration, " the court stated.

As per the complaint, Kumar, a public servant with nine years of service, had demanded bribes for himself and senior officers in lieu of "smooth clearance of consignments".

After verifying the complaint, the Central Bureau of Investigation laid a trap on August 2, in which Kumar allegedly accepted Rs 20,000 for himself and Rs 10 lakh for his seniors.

The CBI claimed Kumar attempted to flee after realizing he was being followed, and threw the bribe money from his car. The money was later recovered.

Kumar, in his plea, stated he was not guilty and claimed the complaint was "malicious" and intended to pressurize Customs officials into releasing seized consignments.

The defence stressed on Kumar's critical medical condition, citing a recent kidney surgery and ongoing post-operative complications, including passing blood in his urine.

The CBI argued that Kumar's release would jeopardize the ongoing investigation and allow him to tamper with evidence. The CBI contested Kumar's medical claims, stating that while he was sent to several hospitals, no doctor advised hospitalization.

After considering arguments of both sides, the court said the applicant requires medical attention and has been advised medication.

It held that the alleged bribe money has already been recovered.

"In my opinion, bail cannot be denied on the sole ground that the Investigation Officer could not interrogate the accused due to his medical condition and the investigation," the court said. PTI AVI BNM

Health of accused can be a decisive factor in bail applications despite investigation challenges and recovered evidence. The bail application of a Customs superintendent in a bribery prosecution was assessed chiefly on his post-operative medical condition, which the prosecution itself acknowledged by arranging hospital transfers; the court stressed that the health of an accused is a material consideration. The prosecution alleged bribery and attempted evasion with recovered funds and argued release would jeopardize investigation, but the court noted recovery of the alleged bribe money and that denial of liberty cannot rest solely on investigation being impeded by the accused's medical condition.