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TMI Blog2022 (4) TMI 468X X X X Extracts X X X X X X X X Extracts X X X X ..... be enlarged on anticipatory bail. The anticipatory bail application of the applicant is allowed, subject to conditions imposed. - CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. NO. - 12682 OF 2021 - - - Dated:- 2-3-2022 - Hon'ble Krishan Pahal,J. Counsel for Applicant :- Abhishek Tiwari, Purnendu Chakravarty, Shashank Shekhar Shukla Counsel for Opposite Party :- Anurag Kumar Singh ORDER Hon'ble Krishan Pahal,J. 1. Learned counsel for the applicant is permitted to make necessary correction in the prayer clause during the course of the day. 2. Heard Sri Purnendu Chakravarti and Sri Shivanshu Goswami, learned counsels appearing on behalf of the applicant as well as Sri Anurag Kumar Singh, learned counsel for the Central Bureau of Investigation assisted by Sri Akhilendra Singh, Advocate and also perused the material available on record. 3. The present anticipatory bail application has been filed on behalf of the applicant in Criminal Case No.12 of 2012 arising out of Case Crime/R.C. No. 0062011A0006 of 2011, under Sections 120-B, 420, 467, 468 and 471 IPC and Sections 13(2) read with 13(1)(d) of Prevention of Corruption A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned counsels appearing for the applicant have stated that the applicant who is now old person aged about 70 years, has been falsely implicated in the present case. The applicant was neither named in the FIR lodged by the CBI nor committed any such offence as alleged in the FIR. Absolutely vague allegations have been made against the applicant in the FIR that he has concealed the real fact that the alleged Firm/Company was not functional and has given false status report to the Directors of Industries for onwards transmission of NCL. The matter is purely civil in nature and the applicant is being harassed by the agency by adding criminal colour to it, thus, no useful purpose would be served by keeping the applicant in custody. There is no apprehension of the applicant fleeing away from the justice or tampering with any evidence which is in the possession of C.B.I. and E.D. 9. Learned counsel for the applicant has also submitted that the charge-sheet has already been filed in the matter on 31.05.2012 and the applicant has not misused or abused the interim protection granted to him by various courts since then. Much reliance has been placed on the fact that in the charge-sheet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paras-63, 69 and 75 which read as under:- 63. Clearly, therefore, where Parliament wished to exclude or restrict the power of courts, under Section 438 of the Code, it did so in categorical terms. Parliament's omission to restrict the right of citizens, accused of other offences from the right to seek anticipatory bail, necessarily leads one to assume that neither a blanket restriction can be read into by this court, nor can inflexible guidelines in the exercise of discretion, be insisted upon- that would amount to judicial legislation. ***** 69. It is important to notice here that there is nothing in the provisions of Section 438 which suggests that Parliament intended to restrict its operation, either as regards the time period, or in terms of the nature of the offences in respect of which, an applicant had to be denied bail, or which special considerations were to apply. In this context, it is relevant to recollect that the court would avoid imposing restrictions or conditions in a provision in the absence of an apparent or manifest absurdity, flowing from the plain and literal interpretation of the statute (Ref. Chandra Mohan v. State of Uttar Pradesh). In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for which an order of anticipatory bail can continue. 12. Learned counsel for the applicant has also placed reliance on para-91.1 of Sushila Aggarwal (Supra) which reads as under:- 91.1. Regarding Question No. 1, this court holds that the protection granted to a person under Section 438 Cr.PC should not invariably be limited to a fixed period; it should enure in favour of the accused without any restriction on time. Normal conditions under Section 437(3) read with Section 438(2) should be imposed; if there are specific facts or features in regard to any offence, it is open for the court to impose any appropriate condition (including fixed nature of relief, or its being tied to an event) etc. 13. On the other hand, Sri Anurag Kumar Singh, learned counsel for the CBI has further placed reliance upon the judgement of Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2021) SCC Online SC 922 and has stated that according to the said judgement, the case of the applicant falls in the Category- B and D, hence, the provisions of Section 438 Cr.P.C. do not apply to the present case but he could not dispute the fact that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed forthwith in Criminal Case No.12 of 2012 arising out of Case Crime/R.C. No. 0062011A0006 of 2011, under Sections 120-B, 420, 467, 468 and 471 IPC and Sections 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988, Police Station- CBI, ACB, Lucknow, District- Lucknow, on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) 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; (iii) that the applicant shall surrender his passport, if any, to the concerned trial Court forthwith. His passport will remain in custody of the concerned trial Court; (iv) that the applicant shall not leave India during the pendency of trial without prior permission from the concerned trial Court; (v) that in default of any of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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