Dr. Chitra Singh And Anr. vs State Through C.B.I./A.C.U.-Ii ...
2021 Latest Caselaw 3558 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. - 3063 of 2021
 

 
Applicant :- Dr. Chitra Singh And Anr.
 
Opposite Party :- State Through C.B.I./A.C.U.-Ii New Delhi
 
Counsel for Applicant :- Pranjal Krishna
 
Counsel for Opposite Party :- Anurag Kumar Singh
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard Mr.Nandit Srivastava, Senior Advocate assisted by Mr. Samartha Agarwal, learned counsel for the accused-applicant and Mr. Maninder Singh, Advocate appearing on behalf of C.B.I.

2. Present application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Special Case No.3 of 2021:FIR No.RC2172011A0010/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.

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

4. 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.

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.

5. 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.

6. In view of the aforesaid, the accused-applicants (Dr. Chitra Singh and Dr. Vinod Prasad Jaiswal) are given time of one week to surrender before the trial Court and apply for regular bail. If they appear on or before 22.03.2021 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).

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

8. Till 22.03.2021, no coercive step shall be taken against the applicants.

Order Date :- 15.3.2021

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