Allahabad High Court
Rajesh Kumar Pandey vs Central Bureau Of Investigation ... on 24 February, 2023
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 11
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 338 of 2023
Applicant :- Rajesh Kumar Pandey
Opposite Party :- Central Bureau Of Investigation S.C.B. Lko.
Counsel for Applicant :- Mohd. Tabrez Iqbal,Arif Khan Effendi,Tajdar Ahmad
Counsel for Opposite Party :- Anurag Kumar Singh,Romit Seth
Hon'ble Rajesh Singh Chauhan,J.
Heard Md. Tabrez Iqbal, learned counsel for the applicant and Sri Anurag Kumar Singh, learned counsel for the C.B.I. and Sri Romit Seth, learned counsel for Axis Bank/informant.
The present applicant is apprehending his arrest in Case No.341 of 2022 arising out of F.I.R. No.RC0532021S0002 dated 03.02.2021 under Sections 120(B) r/w 409, 418, 419, 420, 467, 468, 471, 477-A I.P.C. and Sections 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988, P.S.- C.B.I./S.C.B., Lucknow.
As per prosecution story, the present applicant is a co-accused in the aforesaid case wherein the main accused Kamal Ehsan is stated to have embezzled a huge amount of money and a sum of Rs.87,00000/- has been credited to the account of the present applicant who is serving as petrol pump staff in the petrol pump in the name of Akbar Ahmed Khan.
Learned counsel for the applicant has stated that the applicant is not named in the F.I.R. Three Charge-sheet were filed by the local police after detailed investigation in which the present applicant has not been nominated. Later on, the investigation was handed over to the C.B.I. which after investigation has also filed charge-sheet wherein the name of the present applicant has surfaced. Learned counsel for the applicant further stated that the present applicant has been falsely implicated in the case as he has nothing to do with the said offence. The offence, if any, made out against the applicant is that he has acted bona fide and he had no knowledge of any transfer of money to and from his account. The present applicant has no prior criminal history of any kind whatsoever. The present applicant has co-operated in the investigation of the case in question. Learned counsel for the applicant has submitted that the present applicant undertakes that he shall cooperate in the trial proceedings and shall not misuse the liberty of anticipatory bail, if so granted by this Court.
Attention has been drawn towards the order dated 11.07.2022 passed by this Court in Case- Criminal Misc Anticipatory Bail Application u/s 438 Cr.P.C. No.1087 of 2022 whereby this Court has granted anticipatory bail to the co-accused Smt. Nazmi Rizvi and Syed Mohammad Sami, therefore, the counsel for the applicant has prayed that the present applicant may also be granted anticipatory bail on the basis of principles of parity.
Sri Anurag Kumar Singh, learned counsel for the C.B.I. has opposed the aforesaid prayer for anticipatory bail and has informed the Court that the name of the present applicant has surfaced during the investigation of the C.B.I.
On due consideration of the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of the Hon'ble Supreme Court in the case of "Shri Gurbaksh Singh Sibbia and Others Vs. State of Punjab, (1980) 2 SCC 656". The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Rajesh Kumar Pandey be released forthwith in the aforesaid case crime (supra) on anticipatory bail furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. that the applicant shall make himself available for interrogation by a police officer as and when required;
2. that 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 officer or tamper with the evidence;
3. that the applicant shall not leave India without the previous permission of the court;
4. that the applicant shall not pressurize/ intimidate the prosecution witness;
5. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted.
6. that in case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail.
It is made clear that observations made herein above are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
[Rajesh Singh Chauhan,J.]
Order Date :- 24.2.2023
Manoj K.
