Supreme Court Grants Bail to Sanjay Badaya in Rajasthan Jal Jeevan Mission Scam

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Background of the Case

The Supreme Court granted bail to Sanjay Badaya, who was arrested in connection with a money laundering case linked to Rajasthan’s Jal Jeevan Mission (JJM) scam. Badaya, alleged to have acted as a middleman on behalf of then-Minister Mahesh Joshi, was accused of facilitating bribe payments and influencing Public Health Engineering Department (PHED) employees. The case arose out of the award of two tenders worth â‚ą197 crores on the basis of fraudulent certificates.

Supreme Court’s Key Observations

A bench comprising Justices B.R. Gavai and K.V. Viswanathan passed the order, taking into account:

  1. Similarity with Co-Accused: The Court noted that the allegations against Badaya were similar to those against Piyush Jain, who had been granted bail on September 9, 2024. While Jain is accused of receiving â‚ą8.87 crores, Badaya’s alleged involvement includes â‚ą3.3 crores and an additional â‚ą1.5 crores deposited in his father’s account.
  2. Documentary Evidence: The Court observed that the evidence in the case is primarily documentary and already seized by the prosecution, eliminating the possibility of tampering.
  3. Pending Trial: Charges are yet to be framed, with approximately 50 witnesses and 8,000 pages of evidence pending examination, making an early trial conclusion unlikely.
  4. Minister’s Non-Involvement: The Court highlighted that while allegations point to facilitation of bribes for the then-Minister, Mahesh Joshi, he has not been made an accused in the case.

Supreme Court’s Order

The Court stated:

“Taking into consideration all these aspects, and particularly the order passed by a co-ordinate bench in the case of Piyush Jain, we are inclined to allow the application.”

Legal Representation

For Sanjay Badaya: Senior Advocates Dr. Abhishek Manu Singhvi and Atmaram Nadkarni, along with Advocate Vivek Jain.

For the Enforcement Directorate: Advocate Zoheb Hossain.

Case Reference

Title: Sanjay Badaya v. Directorate of Enforcement

Case Number: SLP(Crl) No. 15953/2024

Conclusion

This decision comes after the Rajasthan High Court denied bail to Sanjay Badaya in November 2024. The Supreme Court, while considering the precedent set in Piyush Jain’s bail, the lack of immediate trial prospects, and the nature of evidence, allowed the bail application.

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