Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5953 of 2020 Applicant :- Suresh Chand Sharma Opposite Party :- C.B.I And Another Counsel for Applicant :- Sharique Ahmed,Chandan Sharma,Dileep Kumar(Senior Adv.) Counsel for Opposite Party :- Sanjay Kumar Yadav
Hon'ble Om Prakash-VII,J.
Heard learned counsel appearing for the applicant 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 3.11.2020, following interim order was passed by the co-ordinate Bench:
"Heard Sri Dileep Kumar, learned Senior Advocate, assisted by Sri Chandan Sharma, Advocate; and, Sri Gyan Prakash, learned Additional Solicitor General of India, assisted by Sri Sanjay Kumar Yadav, Advocate, appearing for C.B.I.
Sri Gyan Prakash, learned A.S.G.I. prays for and is allowed four weeks time to file counter affidavit.
Put up as fresh on 02.12.2020.
It is urged on behalf of the applicant that an interim protection has been granted to the co-accused, Sonali Gupta and another in Cri. Misc. Anticipatory Bail Application No. 6638 of 2020.
As prayed, connect with Cri. Misc. Anticipatory Bail Application No. 6638 of 2020.
Till the next date of listing, no coercive action shall be taken against the applicant pursuant to RC-1202019A0008 dated 24.12.2019 under Sections 120-B, 420, 467, 468, 471 I.P.C. and Section 13(1)(c), 13(1)(d) and 13(2) of Prevention of Corruption Act, Police Station CBI- ACB, Ghaziabad arising out of Case Crime No. 421 of 2018, under Sections 420, 467, 468, 471, 120-B I.P.C. and Section 13 of Prevention of Corruption Act, Police Station Kasna, District Gautambudh Nagar, provided he co-operates with the investigation."
Since nothing incriminating material has come against the applicant to recall the order dated 3.11.2020 granting interim protection to the applicant 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. Applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Suresh Chand Sharma involved pursuant to RC-1202019A0008 dated 24.12.2019 under Sections 120-B, 420, 467, 468, 471 I.P.C. and Section 13(1)(c), 13(1)(d) and 13(2) of Prevention of Corruption Act, Police Station CBI- ACB, Ghaziabad arising out of Case Crime No. 421 of 2018, under Sections 420, 467, 468, 471, 120-B I.P.C. and Section 13 of Prevention of Corruption Act, Police Station Kasna, District Gautambudh Nagar, he shall be released on bail on his furnishing 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 applicant shall make himself available for interrogation by a police office as and when required;
(ii) the applicant 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 him from disclosing such facts to the Court or to any police office;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him 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 applicant.
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