Prevention of Corruption Act and after his arrest in connection with FIR No.198/2017, search of the petitioner’s residence situated at Kota was conducted by the ACB, Special unit, Kota in presence of two independent witnesses. During the course of search, it is found that petitioner has acquired assets disproportionate to his known source of income, as a result of which FIR No. 495/2023 has been registered which is not permissible in law as it is arising out of same cause of action. He further submits that custodial interrogation of the petitioner is not required in this matter as he has already submitted his explanation. Counsel further submits that petitioner has already joined the investigation in terms of order dated 3.7.2023. Counsel relied upon the order dated 3.12.2013, passed in SB Cr. Misc. Bail Application No.11939/2013, wherein, in identical fact situation, the Co-ordinate Bench of this Court has given benefit of anticipatory bail to the accused. He further contends that the said order was subsequently upheld by the Hon’ble Apex Court by dismissing the SLP Criminal No.10955/2016. Counsel thus, prays that instant bail application under Section 438 Cr.PC may kindly be allowed.
