9911796707
TMI Blog2023 (9) TMI 510X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel for the C.B.I. and perused the record. This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicant after rejection of his anticipatory bail application by the order dated 24.02.2023 passed by learned Special Judge (Prevention of Corruption Act) C.B.I. Court No.3, Lucknow. seeking Anticipatory Bail in R.C. No.220/2022/E0011-CBI/EO-II/ND, under Sections 120B I.P.C. r/w 419/420 I.P.C. & 7 (c), 13 (1) (a) r/w 13 (2) of Prevention of Corruption Act, Police Station C.B.I./E.O.-II/New Delhi. A charge sheet has been filed by the C.B.I. on 31.12.2022 as against nineteen persons, including the applicant. The allegations against the applicant in the charge sheet are that the applicant landed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Prevention of Corruption Act, 1988 and Section 419, 120-B r/w 420 I.P.C, the provisions of Section 13 (1) (a) r/w 13 (2) and Section 7 (c) of the Prevention of Corruption Act are applicable to public servants and the learned counsel for the C.B.I. has submitted that the applicant is guilty of entering into conspiracy with the public servants. Learned counsel for the applicant has submitted that so far as the offences committed by the customs officers are concerned, Section 136 of the Customs Act, 1962 provides for a maximum punishment of imprisonment of three years for customs officers. Learned counsel for the applicant has further submitted that evasion of custom duty alleged in the present case is of an amount less than rupees o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xempted.
In default of any of the conditions mentioned above or it is found that applicant has obtained this order concealing any material facts, the Investigating Officer shall be at liberty to file appropriate application for vacation of this interim order."
Although a counter affidavit has been filed, nothing has come to light which may persuade this Court to take a view, different from the view taken while passing the aforesaid order, nor the learned A.G.A. has pointed out violation of any of the conditions of interim anticipatory bail committed by the applicant.
In view of the aforesaid circumstances, the interim order dated 16.03.2023 is hereby made absolute and the application is allowed in terms of the aforesaid order. X X X X Extracts X X X X X X X X Extracts X X X X
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