Vivek Jain And Anr. vs Central Bureau Of Investigation ...
2021 Latest Caselaw 2979 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2329 of 2021
 

 
Applicant :- Vivek Jain And Anr.
 
Opposite Party :- Central Bureau Of Investigation Branch Ac-Ii New Delhi
 
Counsel for Applicant :- Santosh Kr. Yadav "Warsi",Amit Kumar Gupta,Vijit Saxena
 
Counsel for Opposite Party :- Anurag Kumar Singh
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in FIR No.RC2172011A0009/CBI/ACU-VI/New Delhi under Section 120B/420 IPC, 13(2)/13(1)(d) Prevention of Corruption Act, Police Station C.B.I./ACU-II, New Delhi.

2. The FIR has been lodged in respect of infamous NRHM scam.

3. Mr. Vijit Saxena, learned counsel for the applicants submits that the Supreme Court in the case of Sanjay Awasthi versus State of Uttar Pradesh: (2016) 13 SCC 414 has released the accused on bail on the condition that they would deposit the proportionate share of losses which the Government suffered and correspondingly the accused got benefited.

Mr. Saxena, learned counsel for the accused-applicant submits that the accused-applicants are ready and willing to deposit their shares of money and on this condition, they should be released on anticipatory bail.

4. In the present case charge-sheet has been filed and summons have been issued. Learned Special Court/C.B.I. is ceased of the matter and therefore, it would be appropriate to direct the accused-applicants to appear before the trial Court and apply for regular bail.

5. In view of the aforesaid, the accused-applicants are given time of one week to surrender before the trial Court and apply for regular bail. If they appear on or before 03.03.2021 before the trial Court, their bail application shall be considered expeditiously in accordance with law including the judgment in the Supreme Court in the case of Sanjay Awasthi vs State of U.P. (supra).

6. With the aforesaid observation/direction, present application stands disposed of.

7. Till 03.03.2021, no coercive step shall be taken against the applicants.

Order Date :- 23.2.2021

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