Hon'ble Amreshwar Pratap Sahi,J. 1. Heard Shri Gopal Chaturvedi, learned Senior Counsel assisted by Shri V.A. Ansari, and Samit Gopal, Advocates for the applicants and Shri Anurag Khanna, learned counsel for the C.B.I. The applicants claim themselves to be husband and wife. The date of birth of the applicant no. 1 is 09.09.1925 and is stated to be almost 85 years of age whereas the date of birth of the applicant no. 2 is 15.02.1962. However, this disparity in age is not the subject matter of this bail application and learned counsel urge that the court need not investigate the marvels of human versatility. 2. Shri Gopal Chaturvedi, learned Senior Counsel for the applicants contends that the age of the applicant no. 1 is 85 years as such he deserves to be enlarged on bail. He further submits that there is no occasion for the applicants to either tamper with the evidence or avoid the proceedings of the trial. The case was registered in the year 2007 and now the applicants are sought to be prosecuted under a charge sheet submitted by the C.B.I. dated 12.11.2009. He submits that the provisions of the Foreign Contribution (Regulation) Act, 1976 (hereinafter referred to as 'the Act') contains several provisions and there is ample evidence to indicate that they are maintaining appropriate accounts as such there is no violation of Section 13 so as to make it a punishable offence under Section 23 of the Act. He submits that proper investigation has not been carried out and there is no evidence of any forgery or the applicants having connived or conspired to have mis-utilized their position as trustees of the trust which has been constituted for religious and charitable purposes. He submits that the activities of the trust are in line with the objects of the trust and disciples of the congregation. There are no other criminal antecedents nor is there any chance of the applicants either absconding or violating the law so as to disentitle them for bail. Shri Anurag Khanna, learned counsel for the C.B.I. contends that the applicants themselves have indicated some lapses having been committed as stated in paragraph 17 of the affidavit. He submits that in view of the decision of the Apex Court in the case of State of Maharashtra Vs. Shri Anurag Khanna, learned counsel for the C.B.I. contends that the applicants themselves have indicated some lapses having been committed as stated in paragraph 17 of the affidavit. He submits that in view of the decision of the Apex Court in the case of State of Maharashtra Vs. M.H. George reported in AIR 1965 SC 722 , the applicants are not entitled for bail as they should be taken to have admitted their guilt. 3. Shri Gopal Chaturvedi submitted that there is no misuse of the money nor is there any other allegation in the charge sheet which may raise any suspicion or doubt about the activities of the applicants. There are also no other allegations of suspicious activities of their association with any 'Underworld Don' and clarification will have to be sought in this regard. It is undisputed that the accounts have already been seized and a plea has been set up that the local accounts as well as the other accounts were unintentionally mixed up. 4. A perusal of the charge sheet, which has been filed along with the affidavit, indicates that it was without prior permission of the Central Government that Foreign Contributions were received which amounts to an offence punishable under the provisions of the aforesaid Act read with Sections 420 and 120-B I.P.C. The charge sheet or the bail rejection order of the learned court below does not indicate any suspicious involvement of the applicants in any other activity except amassing wealth in a very short span of time. 5. The applicant no. 1 claims himself to be a Sufi Saint and it is alleged in the statement of Shri G.S. Rao dated 18th July 2007 suggesting that the telephone number of the residence of the applicants has been found to be transcribed in the diary of a lady, who is stated to be related to an Underworld Don. The applicants are also stated to have links with Mr. Abdullah Bukhar/Ahmad Bukhari. The contention raised by Shri Gopal Chaturvedi is that merely because some one else has included the telephone number alleged to be that of the applicant in his/her diary would not establish that the applicants have entered into a conspiracy with such people in relation to the financial transactions of the trust. Abdullah Bukhar/Ahmad Bukhari. The contention raised by Shri Gopal Chaturvedi is that merely because some one else has included the telephone number alleged to be that of the applicant in his/her diary would not establish that the applicants have entered into a conspiracy with such people in relation to the financial transactions of the trust. He further submits that a mere sensational disclosure, which may be emotionally hairraising would be at the best a thriller but no proof of the alleged activities of the applicant. Shri Khanna on the other hand contends that it is true that counsel with their keen sense of creative advocacy and use of purple adjectives have a capacity to reflect the posture of their clients as being righteous even if they have committed the most outrageous of crimes. They can easily persuade that the accused and not the society are the victims. All kinds of strange positions and the best excuses the human mind can create are pressed into service to establish that the allegations do not involve any truth and are sheer imaginations. Nonetheless, such opportunity is still available at the time of trial. 6. A perusal of the charge sheet and the counter affidavit also does not give any other suggestion except the violation of the Act. The counter affidavit does not disclose any fact in relation to any evidence of misuse of the funds or involvement of the applicants with any mafia abroad. The decision cited by Shri Khanna in the case of State of Maharashtra (supra) would not be attracted at this stage for grant of bail as it cannot be said conclusively that the applicants have admitted their guilt. It is true that ignorance of law is not an excuse but the same is subject matter of trial. Keeping in view the advanced age of the applicant no. 1 and the fact that the applicant no. 2 is a lady, they are entitled for bail. 7. In view of the nature of the offence and the facts aforesaid, it would be appropriate to impose conditions before granting bail to the applicants. Keeping in view the advanced age of the applicant no. 1 and the fact that the applicant no. 2 is a lady, they are entitled for bail. 7. In view of the nature of the offence and the facts aforesaid, it would be appropriate to impose conditions before granting bail to the applicants. Accordingly, let the applicants Peer Khushhal Shah and Smt. Najia Afridi involved in RC No. 0072007S0013 of 2007, under Sections 120-B, 420 I.P.C. and Sections 23/6/13 read with 8(1)(b) and 8(2) of the Foreign Contribution (Regulation) Act, 1976, P.S. CBI SPE Dehradun be enlarged on bail subject to the condition that they shall furnish heavy local sureties of Rs. 2 lacks each in the like amount to the satisfaction of the court concerned and further they shall surrender their passports, which shall be impounded by the court below. The applicants shall not leave the country in any condition without leave of the Court and further they shall keep informed the authorities about their movements and activities in relation to the trust as and when required by the authorities or as required under law. Subject to the aforesaid conditions, the applicants are admitted to bail.