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TMI Blog2022 (3) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... the investigation from co-accused/Mahim Pratap Singh Tomar, who has already been released on bail. An intimation regarding the same is stated to have been given to the Income tax authorities. The co-accused persons, namely Retnakaran Sajilal, Sunil Kumar Verma and Uma Soni have also been granted bail. Except the order dated 07.01.2022, whereby co-accused/Devendra Jain was admitted to regular bail, no other order granting bail to co-accused persons has been challenged till date. The present applicant, a Chartered Accountant, is stated to be a resident of Delhi, having deep roots in society. Besides, it was submitted by the learned Senior Counsel appearing for the applicant that the applicant is ready and willing to surrender his Passport. The same, in the opinion of this Court, alongwith appropriate conditions, can secure the applicant s presence during the trial and allay any apprehension regarding him being a flight risk - this Court is inclined to release the present applicant on bail during the pendency of the trial. Accordingly, it is directed that the applicant be released on regular bail, subject to fulfilment of conditions imposed. Bail application allowed. - BAIL A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted that the same suffers from non-application of judicious mind, inasmuch as the learned Judge made a general observation that the applicant s conduct was unprofessional and he being a qualified/professional Chartered Accountant is supposed to guide his clients to receive only lawful payments, which should then be reflected by him in their ITRs. It was further submitted that in the transaction in question, there was no opportunity for the applicant to react or to act in accordance with his profession. In connection with the observations made by the Trial Court on the aspect of Triple test while rejecting bail application of the applicant, it was contended that the applicant being a professional Chartered Accountant is not a flight risk and the possibility of his tampering with evidence does not exist, as all documents/electronic records relevant to the case, including voice samples, have already been seized. It was also urged that while in custody, the applicant has cooperated in the investigation. 5. Mr. Nikhil Goel, learned SPP for the CBI, on the other hand, vehemently opposed the bail application. It was submitted that the applicant has been a Chartered Accountant fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recovered is, in fact, the registered office of the applicant s brother, who runs a jewellery business and has already claimed the articles as belonging to him. Learned Senior Counsel, on instructions, also submitted that the applicant is ready and willing to surrender his Passport. 8. I have heard learned counsels for the parties and perused the entire material placed on record. 9. At the outset, it is noted that the relevant factors to be taken into account while considering a bail application have been reiterated by the Supreme Court recently in Anil Kumar Yadav v. State (NCT of Delhi) and Another reported as (2018) 12 SCC 129 in the following words: 17. While granting bail, the relevant considerations are: (i) nature of seriousness of the offence; (ii) character of the evidence and circumstances which are peculiar to the accused; and (iii) likelihood of the accused fleeing from justice; (iv) the impact that his release may make on the prosecution witnesses, its impact on the society; and (v) likelihood of his tampering. No doubt, this list is not exhaustive. There are no hard-and-fast rules regarding grant or refusal of bail, each cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o have recovered an amount of ₹ 3.71 crores during the investigation from co-accused/Mahim Pratap Singh Tomar, who has already been released on bail. An intimation regarding the same is stated to have been given to the Income tax authorities. The co-accused persons, namely Retnakaran Sajilal, Sunil Kumar Verma and Uma Soni have also been granted bail. Except the order dated 07.01.2022, whereby co-accused/Devendra Jain was admitted to regular bail, no other order granting bail to co-accused persons has been challenged till date. 14. Insofar as the observation by the Trial Court, that the applicant is likely to tamper with the evidence as he is a Chartered Accountant, is concerned, the Supreme Court in P. Chidambaram v. Central Bureau of Investigation reported as (2020) 13 SCC 337 has observed as follows:- 26. As discussed earlier, insofar as the flight risk and tampering with evidence are concerned, the High Court held in favour of the appellant by holding that the appellant is not a flight risk i.e. no possibility of his abscondence . The High Court rightly held that by issuing certain directions like surrender of passport , issuance of look out notice , ..... X X X X Extracts X X X X X X X X Extracts X X X X
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