Mumbai: A sessions court on Friday granted anticipatory bail to businessman Lokesh Onkarlal Jain in connection with the Rs 65 crore desilting scam involving the Mithi river probed by the Economic Offences Wing (EOW). Rejecting the need for custody, Additional Sessions Judge NG Shukla noted that the alleged conspiracy was said to have begun in 2020, while Jain’s contract was for the period 2023 to 2025. The judge observed, “Thus, at the outset, there is no role of the applicant in the alleged conspiracy. The allegation against the applicant regarding forgery of hire agreement and other forged documents submitted to the BMC is independent from the allegation of conspiracy.” Jain, a partner of Bhumika Transport, had approached the court, apprehending arrest.The prosecution alleged that contractors involved in the Mithi river desilting project submitted forged documents, false memoranda of understanding relating to dumping grounds, forged land records and Aadhaar cards, causing a wrongful loss of about Rs 65 crore to the BMC.The EOW alleged that Jain’s firm received Rs 24.49 crore from the BMC by submitting forged documents relating to desilting work. The agency also alleged that Jain entered into a forged hire agreement for specialised desilting machines with a company linked to co-accused Ketan Kadam, though the company had allegedly not purchased those machines. It was further alleged that forged MoUs with landowners, including deceased persons, were submitted for dumping silt.Jain’s lawyers argued that the tender conditions permitted hiring of machines and required contractors to submit assurance documents from manufacturers or suppliers. The defence submitted that the machines were in fact used for the desilting work and that BMC officials had inspected the work from time to time. The defence also relied on the work completion certificate issued by the civic body, which recorded that 1.87 lakh metric tonnes of material had been removed and transported, with the work marked satisfactory.On the allegation of forged dumping-ground MoUs, the defence said Jain had appointed a subcontractor, Kalpesh Corporation, through Arvind Purohit, to handle documents and related work, and that the BMC had been informed about the arrangement. The prosecution opposed bail and argued that custodial interrogation was necessary to trace the source of the alleged forged MoUs, Aadhaar cards and transport records.Granting relief, the court said, “I find that custodial interrogation of the applicant is not required. The documents submitted by the applicant along with tender and during the work of desilting to the officers of SWD (Storm Water Drains) are already seized by the investigating officer from the concerned officer of SWD. In such circumstances, nothing is to be seized from the applicant,” the judge said.
