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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17270 of 2021 Court No. - 82 HON'BLE SAMEER JAIN, J.
1. Sri Rahul Srivastava, learned counsel for C.B.I. apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 2. Heard Sri Amit Singh, learned counsel for the applicant and Sri Rahul Srivastava, learned counsel for C.B.I.
3. The present anticipatory bail application has been filed on behalf of the applicant in R.C. No. 219/2017(E) 0017 (Special Case No. 06 of 2021), under Sections 420, 467, 468, 471, 120B IPC and 13(2) read with 13(1)(d) P.C. Act, Police Station CBI/EO-1 New Delhi with a prayer to enlarge him on anticipatory bail during trial. 4. Learned counsel for the applicant submits, on the basis of false allegation he has been made accused in the present matter along with several others and even during investigation he has not been arrested by the C.B.I. although he fully cooperated with the investigation. 5. He further submits, after submission of the charge-sheet when applicant filed instant anticipatory bail application then after considering the entire facts of the case in detail the co-ordinate Bench of this Court vide order dated 30.11.2021 was pleased to enlarge him on interim anticipatory bail and there is no allegation that applicant is not cooperating with the trial and pursuant to the order passed by this Court applicant is continuously attending the trial court either in person or through his counsel. Versus Counsel for Applicant(s) : Amit Singh Counsel for Opposite Party(s) : G.A. Jagbinder Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
6. He further submits, applicant is not having any criminal history. 7. He further submits, therefore, considering the above facts, the interim anticipatory bail granted to the applicant vide order dated 30.11.2021 may be confirmed. 8. Per contra, learned counsel for C.B.I. opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10.
However, as per allegation, applicant and others committed the fraud and forgery and applicant has also been challaned for offence under the provisions of Section 13 P.C. Act but it reflects, during investigation applicant has not been arrested by the C.B.I. though he fully cooperated with the investigation. 11. Record further suggests that after investigation charge-sheet was filed and thereafter applicant filed instant anticipatory bail application before this Court and after considering the entire fact of the case in detail, the co- ordinate Bench of this Court on 30.11.2021 enlarged him on interim anticipatory bail and since then he is on interim anticipatory bail and there is no allegation that he misused the liberty granted to him by this Court and even as per instruction of learned counsel for C.B.I. applicant is continuously attending the trial court either in person or through counsel. 12. Further, applicant is not having any criminal history. 13. Therefore, considering the facts and circumstances of the case, the interim anticipatory bail granted to the applicant vide order dated 30.11.2021 is hereby confirmed. The applicant shall remain on anticipatory bail till conclusion of trial on the same condition as imposed by this Court vide order dated 30.11.2021. 14. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 15.
In the event of arrest of the applicant- Jagbinder Singh involved in the aforesaid case crime number, shall be released on bail till the conclusion of ABAIL No. 17270 of 2021 2
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 tamper with the evidence during the trial; iv. that the applicant 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;
16. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant. 17. It is made clear that 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. September 17, 2025 AK Pandey ABAIL No. 17270 of 2021 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad