Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4687 of 2021 Applicant :- Rajesh Kumar Opposite Party :- C.B.I And Another Counsel for Applicant :- Rajeev Kumar Rai Counsel for Opposite Party :- Sanjay Kumar Yadav
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard learned counsel for the applicant, Shri Gyan Prakash, learned Senior Counsel assisted by Shri Sanjay Kumar Yadav, learned counsel appearing for the C.B.I. and learned A.G.A for the State through video conferencing.
The instant anticipatory bail application has been filed on behalf of the applicant, Rajesh Kumar, with a prayer to release him on bail F.I.R. No. 1202017A0009 , under Sections- 120- B,420,467,468,471,201 IPC, and section 13(2) read with section 13(1)(d) Prevention of Corruption Act Police Station- CBI, ACB District- Ghaziabad, during pendency of trial.
Charge sheet has already been submitted against the applicant.Learned counsel for the applicant has not annexed the same.
Learned counsel for the C.B.I.has pointed out that the anticipatory bail rejection order of the court below shows that charge sheet has been filed,the same has not been annexed,which shows the concealment of fact.
In view of the above the application is rejected.
Learned counsel for the applicant prays for some protection to obtain bail from the court below.
On the request of learned counsel for the applicant, it is directed that the applicant will appear and surrender before the court below within 60 days from today and apply for bail.
Till then, no coercive action shall be taken against the applicant.
However, in case, the applicant does not appears before the court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicant will not be granted any further time by this court for surrendering before the court below as directed above.
Order Date :- 27.5.2021 Atul kr. sri.