HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8532 of 2020 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Ashish Kumar Dwivedi, learned counsel for the applicant and Sri Rahul Srivatava, learned counsel appearing on behalf of the CBI. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.RC/DST/2018/A/0004 /CBI/STF/DLI dated 17.01.2018, under Sections 120-B IPC read with 420 IPC, Section 13(2) read with 13(1)(d) of P. C. Act, 1988, Police Station STF/ CBI/ New Delhi, District Ghaziabad with a prayer to enlarge him on anticipatory bail. 4. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter. 5. He further submits that applicant was not even named in the FIR but during investigation, he has been made accused in the present matter. 6. Learned counsel for the applicant further submits that till filing of the charge sheet against other accused, applicant was not accused in the Versus Counsel for Applicant(s) : Anjit Kumar Verma, Ashish Kumar Dwivedi, Tapan Kumar Mishra Counsel for Opposite Party(s) : Rahul Srivastava, Sanjay Kumar Yadav Ram Dutt Sharma .....Applicant(s) Central Bureau Of Investigation .....Opposite Party(s) present matter but subsequently he has also been made accused and when in the year 2020 he filed instant anticipatory bail application during investigation which was pending against him then on 1.12.2020 Coordinate Bench of this Court directed that no coercive steps shall be taken against him. 7. He further submits that applicant fully cooperated with the investigation and in the year 2023 charge sheet has also been filed against him. 8. He further submits that after submission of charge sheet there is no need of custodial interrogation of the applicant and applicant is having apprehension that if he will appear before the court concerned then he will be sent to jail. 9. He further submits that applicant is not having any previous criminal history to his credit. 10. Per contra, learned AGA although opposed the prayer but could not dispute the argument on facts advanced by the learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, present matter relates to Prevention of Corruption Act and applicant was public servant but it reflects that he was not named in the FIR and after investigation when first charge sheet was filed then till that time he was not accused but it appears that subsequently he has also been made accused. 13. Record further suggests that when applicant filed instant anticipatory bail application in the year 2020 during his pending investigation then Coordinate Bench of this Court on 01.12.2020 directed that no coercive action shall be taken against the applicant and it reflects, in the meantime, in the year 2023 charge sheet has also been filed against the applicant and there is no allegation that applicant did not cooperate with the investigation. 14. Further, as charge sheet against the applicant has already filed therefore, this Court finds merit in the argument advanced by the learned counsel for the applicant that there is no need of custodial interrogation of the applicant. ABAIL No. 8532 of 2020 2 15. Further, apprehension of arrest raised by applicant cannot be ruled out at this stage. 16. Further, co-accused Devi Ram Arya has been released on anticipatory bail by this Court vide order dated 7.8.2025 passed in Criminal Misc. Anticipatory Bail No. 215 of 2021 and the case of applicant is at par with him. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on anticipatory bail till the conclusion of the trial. 18. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on anticipatory bail till the conclusion of trial. 19. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 20. In the event of arrest of the applicant-Ram Dutt Sharma involved in the aforesaid case crime number, shall be released on bail till the conclusion of the trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court concerned with the conditions:- (i) 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. (ii) that the applicant shall not leave India without previous permission of the court; (iii) that the applicant shall not temper with the evidence during the trial; (iv) that the applicants shall not pressurize/intimidate the prosecution witness; (v) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 21. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants. ABAIL No. 8532 of 2020 3 22. It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 10, 2025 SKM ABAIL No. 8532 of 2020 4 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad