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2019 DIGILAW 745 (SC)

Deepak Saran v. A. C. B. , C. B. I.

2019-02-19

A.M.KHANWILKAR, AJAY RASTOGI

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ORDER 1. Leave granted. 2. Heard learned counsel for the parties. 3. This appeal takes exception to the judgment of the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No.25769 of 2018 dated 9th October, 2018, whereby the second bail application filed by the accused-appellant came to be rejected. 4. The accused-appellant has been charged for the offence punishable under Section 120-B read with Sections 420, 467, 468 and 471 I.P.C. and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 in connection with Special Case No.5 of 2017 arising out of R.C. No.1202016A0006 of 2016 Police Station A.C.B., C.B.I., Ghaziabad, District-Ghaziabad. 5. The accused-appellant was arrested on 16.08.2017. It is not in dispute that charge- sheet has already been filed on 28th March, 2017. The charge-sheet indicates that the entire amount has since been recovered. In any case, since the charge-sheet has been filed and no further custodial interrogation of the accused-appellant is necessary coupled with the fact that the trial of the case will take some time, we are inclined to direct release of the accused-appellant on bail on such terms and conditions as may be imposed by the trial Court in connection with Special Case No.5 of 2017 arising out of R.C. No.1202016A0006 of 2016 Police Station A.C.B., C.B.I., Ghaziabad, District-Ghaziabad. We order accordingly. 6. The order of the High Court is set aside and the appeal is allowed accordingly.