Allowed

Rajesh Kumar v. Central Bureau of Invetigation Lko.

Allahabad HC10 May 2023/1995/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Rajesh Kumar in added sections of a corruption case where he had already been granted bail previously for the same acts. The court ordered his release on personal bond and two sureties.

What did the court decide?

Release of applicant on bail in added sections via personal bond and two sureties with conditions against tampering, pressuring witnesses, and non-appearance.

Rajesh Kumar Vs Central Bureau of Invetigation Lko. — Corruption | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:32255

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1995 of 2023

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Applicant :- Rajesh Kumar Opposite Party :- Central Bureau Of Invetigation Lko. Counsel for Applicant :- Sunder Lal,Sunder Lal Counsel for Opposite Party :- Anurag Kumar Singh,Romit Seth

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Hon'ble Subhash Vidyarthi,J.

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The learned counsel for the applicant has filed a rejoinder affidavit, which is taken on record.

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Heard Sri Purnendu Chakravarty, the learned counsel for the applicant, Sri Anurag Kumar Singh, the learned counsel for the repondent-Central Bureau of Investigation as well as Sri Romit Seth, the learned counsel for the informant and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 341 of 2022, R.C. No. 02(S)/2021/CBI/SCB/LKO, under Section 419 I.P.C. and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988, registered at Police Station C.B.I./S.C.B, District Lucknow.

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The applicant has already been granted bail in Case Crime No. 295 of 2017, under Section 409, 418, 420, 421, 463, 467, 468, 471, 477, 477, 477-A, 201, 120-B and 34 I.P.C., Police Station Civil Lines, District Allahabad by means of an order dated 30.07.2018 passed by a coordinate bench of this Court in Criminal Misc. Bail Application No. 16128 of 2018. Subsequently, Section 419 I.P.C and Section 13(2) read with Prevention of Corruption Act, 1988 have been added by the

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C.B.I. and, therefore, this application has been filed for release of the applicant on bail in the added sections.

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The learned counsel of the applicant has submitted that out of 26 persons made accused in the charge-sheet, 22 persons have already been granted bail. Bail orders in support of 10 coaccused persons have been annexed as Annexure No. 18 to the affidavit filed in support of the bail application and copies of bail orders of 10 other co-accused persons have been annexed with the rejoinder affidavit filed on behalf of the applicant as R.A.3 to the rejoinder affidavit.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has already been granted bail in the present case and the present application has been filed for his release on bail in the added sections, in respect of the acts committed by the applicant regarding which he has already been granted bail, I am of the view that the applicant is entitled to be enlarged on bail in the added sections also.

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Accordingly, this bail application stands allowed.

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Let the applicant- Rajesh Kumar be released on bail in Case Crime No. 341 of 2022, R.C. No. 02(S)/2021/CBI/SCB/LKO, under Section 419 I.P.C. and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988, registered at Police Station C.B.I./S.C.B, District Lucknow, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by

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the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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(Subhash Vidyarthi,J.)

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Order Date :- 10.5.2023 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Rajesh Kumar v. Central Bureau of Invetigation Lko.

Case brief

What is this about?

What did the court decide?

Rajesh Kumar v. Central Bureau of Invetigation Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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