Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6638 of 2020 Applicant :- Sonali Gupta And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Sagar Singh Counsel for Opposite Party :- G.A.,Sanjay Kumar Yadav
Hon'ble Om Prakash-VII,J.
Heard learned counsel appearing for the applicants as well as Shri S.K. Yadav, learned counsel appearing for C.B.I. and perused the record.
Rejoinder affidavit filed today is taken on record.
On 5.10.2020, following interim order was passed by the co-ordinate Bench:
'Heard Sri Manish Gupta, Advocate, assisted by Sri Shiv Sagar Singh, learned counsel for the applicants and Sri Gyan Prakash, Assistant Solicitor General of India, assisted by Sri Sanjay Kumar Yadav, learned counsel appearing on behalf of C.B.I.
It is urged by learned counsel for the applicant that, initially, an F.I.R. came to be lodged on 03.06.2018 by the civil police, thereafter, several supplementary charge sheets came to be filed. It is urged that applicants are not arrayed as accused in the charge sheets. Thereafter, pursuant to a notification dated 24.10.2019 issued by the Department of Personnel and Training, New Delhi (DOPT), C.B.I. in the same matter registered a second F.I.R. on 24.10.2019.
It is informed that the F.I.R. lodged by the C.B.I. is under challenge before the Division Bench of this Court. It is further contended that the main accused Pramod Chandra Gupta has been enlarged on bail by the Hon'ble Supreme Court.
Learned counsel appearing for CBI prays for and is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks, thereafter.
Put up this matter on 18.11.2020 in the additional cause list.
Till then, no coercive action shall be taken against the applicants, provided they co-operate with the investigation.'
Since nothing incriminating material has come against the applicants to recall the order dated 5.10.2020 granting interim protection to the applicants in the anticipatory bail application, therefore, considering the nature of accusation as well as facts and circumstances of the case, the anticipatory bail application is allowed. Applicants are entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicants Sonali Gupta and Swadesh Gupta involved in Case Crime No. 0421 of 2018, under Sections 420, 467, 468, 471 and 120-B IPC & 13 Prevention of Corruption Act, Police Station Kasna, District Gautam Budh Nagar, he shall be released on bail on their furnishing each a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions.
(i) the applicants shall make themselves available for interrogation by a police office as and when required;
(ii) the applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police office;
(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.4.2021 safi Digitally signed by Justice Om Prakash Date: 2021.04.08 16:54:01 IST Reason: Document Owner Location: High Court of Judicature at Allahabad