ABA/759/2023
2023 Latest Caselaw 2787 UK

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      20.09.                        ABA No.759 of 2023
      2023                          Hon'ble Alok Kumar Verma, J.

Apprehending his arrest, applicant- accused Jarnail Singh has filed the present Application under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Sections 420, 465, 466, 468, 471, 474, 120B, 34 of the Indian Penal Code, 1860 and Section 8 read with Section 9 of the Prevention of Corruption Act, 1988 in connection with the Case Crime No. 32 of 2017 registered at police station Pant Nagar, District Udham Singh Nagar.

2. Heard Mr. Harshit Sanwal, learned counsel for the applicant and Mr. M.K. Chand, learned A.G.A. for the State.

3. Mr. Harshit Sanwal, Advocate, contended that the applicant was not arrested during the course of the investigation. Charge-sheet has already been filed, therefore, there is no need of custodial interrogation of the applicant. He has relied upon a judgment of the Hon'ble Supreme Court, passed in "Mahdoom Bava vs. Central Bureau of Investigation", 2023 AIR (SC) 1570. He has further submitted that a co-accused Satnam Singh has been granted interim anticipatory bail by the coordinate Bench on 01.09.2023.

4. Learned counsel for the State, on instruction, submits that custodial interrogation of the applicant is not needed. However, he has sought three weeks' time to file objection to the Anticipatory Bail Application.

5. List on 18.10.2023 for hearing on the Anticipatory Bail Application.

6. In the facts and circumstances of the case, the applicant- Jarnail Singh is directed to be released on Interim Anticipatory Bail, in the event of his arrest on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on the following conditions:-

i) Applicant shall attend the Trial court regularly and he will not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

iii) Applicant shall not leave the country without the previous permission of this Court.

(Alok Kumar Verma, J.) 20.09.2023

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