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2025 DAILYLAW 16859 (ALL)

RAJESH KUMAR JAIN v. C.B.I.

ABAIL/3069/2023 · 2025-08-05

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133348 Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3069 of 2023 Applicant :- Rajesh Kumar Jain Opposite Party :- C.B.I. Counsel for Applicant :- Anurag Sharma,Kartikeya Saran Counsel for Opposite Party :- Sanjay Kumar Yadav with Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3086 of 2023 Applicant :- Ashok Kumar Jain Opposite Party :- C.B.I And Another Counsel for Applicant :- Anurag Sharma Counsel for Opposite Party :- Sanjay Kumar Yadav with Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2944 of 2023 Applicant :- Manoj Kumar Gupta Opposite Party :- Cbi Counsel for Applicant :- Sangam Lal Kesharwani,Sr. Advocate,Veerendra Singh Counsel for Opposite Party :- Sanjay Kumar Yadav Hon'ble Sameer Jain,J. 1. These connected matters arose from the same FIR and, therefore, they are being disposed of by the common order. 2. Supplementary affidavits filed by applicants are taken on record. 3. Heard Sri Anurag Sharma, learned counsel for the applicants- Rajesh Kumar Jain and Ashok Kumar Jain and Sri Sangam Lal Kesarwani, learned counsel for the applicant-Manoj Kumar Gupta and Sri Rahul Srivastava, learned counsel for C.B.I. 4. The present anticipatory bail applications have been filed on behalf of the applicants in R.C. No. 1202021A0007, under Section 120-B and 420 IPC, Police Station C.B.I./A.C.B. Ghaziabad, District Ghaziabad, Special Case No. 5 of 2023(C.B.I. Vs. M/s Vardhman Roller Flour Mills Pvt. Limited), with a prayer to enlarge them on anticipatory bail. 5. Learned counsel for the applicants submitted that as per allegation, after obtaining loan from the bank applicants failed to repay the same but now entire loan amount has been repaid by them. He further submitted that after considering all these facts, they have been released on interim anticipatory bail by this Court vide order dated 04.04.2023. He further submitted that applicants are on interim anticipatory bail and they never misused the liberty granted to them. 6. He further submitted that applicants are not having any criminal history. 7. He further submitted that therefore, interim anticipatory bail granted to applicants may be confirmed. 8. Per contra, learned counsel for C.B.I. however, opposed the prayer but could not dispute the fact that after considering entire facts of the case in detail, applicants have been released on interim anticipatory bail by this Court vide order dated 04.04.2023 and they are not having any criminal history. 9. I have heard both the parties and perused the record of the case. 10. However, it reflect, as per allegation, huge loan was disbursed to the applicants from the bank and they failed to repay the loan amount but it reflects, during investigation, applicants have not been arrested and there is no allegation that they did not cooperate with the investigation. 11. Further, it also reflects, after submission of charge sheet, they filed the instant anticipatory bail applications before this Court and after considering entire facts on 04.04.2023 co-ordinate Bench was pleased to release them on interim anticipatory bail and there is no allegation that they misused the liberty granted to them by this Court. 12. Further, applicants are not having any criminal history. 13. Therefore, considering the facts and circumstances of the case discussed above, interim anticipatory bail granted to the applicants by this Court vide order dated 04.04.2023 is hereby confirmed. Applicants shall remain on anticipatory bail till conclusion of trial on the same condition as imposed upon them by this Court vide order dated 04.04.2023. 14. Accordingly, instant anticipatory bail applications filed by applicants stand allowed. Order Date :- 6.8.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad