Neutral Citation No. - 2025:AHC:134168 Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5293 of 2024 Applicant :- Charandeep Singh Jolly Opposite Party :- Central Bureau Of Investigation Through Director Acb Lucknow And Another Counsel for Applicant :- Chandrika Patel,Imran Ullah,Vineet Vikram Counsel for Opposite Party :- G.A.,Sanjay Kumar Yadav Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Sri Vineet Vikram, learned counsel for the applicant and Sri Rahul Srivastava, learned counsel for the C.B.I. 3. The present anticipatory bail application has been filed on behalf of the applicant in FIR Nos.RC0062021S0006 and RC0062021S0007, (which was initially registered as Case Crime No.234 of 2019, under Sections 120-B , 420 IPC and Sections 4, 5, 6 of the Prize Chits & Money Circulation Schemes (Banning) Act, 1978, Police Station Kotwali, District, Kanpur Nagar), under Sections 120-B , 420 IPC and Sections 4, 5, 6 of the Prize Chits & Money Circulation Schemes (Banning) Act, Police Station CBI, ACB, Lucknow, with a prayer to enlarge them on anticipatory bail. 4. Learned counsel for the applicant submits that applicant was not named in the FIR and in the FIR there are allegations against named accused that they were directors of the companies namely Alchemist Township Ltd. and Alchemist Infra Royalty Ltd. and they duped the common public by receiving huge amount from them but during investigation, applicant has also been made accused in the present matter on the ground that he was paid director in Alchemist Township Ltd. but entire allegations levelled against him were totally false. 5. He further submits that during investigation applicant was not arrested though he fully co-operated with the investigation. 6. He further submits that after submission of the charge-sheet in the present matter when applicant filed the instant anticipatory bail application before this Court then on 13.05.2024 a protection order was passed in his favour and after considering the entire facts of the case in detail, Co-ordinate Bench of this Court vide order dated 26.11.2024 enlarged him on interim anticipatory bail. 7. He further submits that there is no allegation that applicant either did not co-operate with the investigation or he misused the liberty of interim anticipatory bail granted to him vide order dated 26.11.2024. He next submits, applicant is suffering with Cancer too. 8. He further submits that even similarly placed two co-accused have already been enlarged on anticipatory bail by the court concerned. 9. He further submits that applicant is having no criminal history to his credit. 10. He further submits that investigation of the has already been concluded therefore, there is no need of custodial interrogation of the applicant in the present matter. 11. He further submits that therefore, interim anticipatory bail earlier granted to the applicant may be confirmed. 12. Per contra, learned counsel for the C.B.I. however, opposed the prayer for anticipatory bail but could not dispute the fact that applicant was not named in the FIR and during investigation, he has been made accused on the ground that he was paid director in Alchemist Township Ltd. 13. He further could not dispute the fact that during investigation applicant was not arrested though he fully co-operated with the investigation and now charge-sheet in the present matter has been filed and after submission of the charge-sheet in the present matter when applicant filed the instant anticipatory bail application before this Court then after considering the entire facts of the case in detail, Co-ordinate Bench of this Court vide order dated 26.11.2024 was pleased to enlarge him on interim anticipatory bail. 14. He further could not dispute the fact that similarly placed two co-accused have also been enlarged on anticipatory bail by the court concerned. 15. He further could not dispute the fact that applicant is suffering with Cancer and there is no allegation that he misused the liberty of interim anticipatory bail granted to him. 16. He further could not dispute the fact that applicant is having no criminal history to his credit. 17. I have heard both the parties and perused the record of the case. 18. However, as per allegation, Alchemist Township Ltd. and Alchemist Infra Royalty Ltd. duped the common public and misappropriated huge amount of the public but it reflects, applicant was not named in the FIR and during investigation being one of the paid director of Alchemist Township Ltd., he has been made accused in the present matter. 19. Further, although applicant co-operated with the investigation but during investigation I.O. did not arrest him. 20. Record further suggests that after submission of the charge- sheet when applicant filed the instant anticipatory bail application before this Court then Co-ordinate Bench of this Court vide order dated 26.11.2024 enlarged him on interim anticipatory bail and there is no evidence, which can suggest that applicant misused the liberty of interim anticipatory bail granted to him by this Court. 21. Further, similarly placed two co-accused have already been released on anticipatory bail by the court concerned itself. 22. Further, it also reflects that applicant is suffering with cancer and he is having no criminal history to his credit. 23. Therefore, considering the facts and circumstances of the case discussed above, in my view, interim anticipatory bail granted to the applicant vide order dated 26.11.2024 may be confirmed and is hereby confirmed and applicant shall remain on anticipatory bail till conclusion of the trial on the same condition as earlier imposed by Co-ordinate Bench of this Court while enlarging him on interim anticipatory bail vide order dated 26.11.2024. 24. The instant anticipatory bail application under Section 438 Cr.P.C. filed on behalf of the applicant - Charandeep Singh Jolly stands allowed. Order Date :- 7.8.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad