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2023 DIGILAW 92 (ALL)

Tushar Jain v. Central Bureau of Investigation

2023-01-10

DINESH KUMAR SINGH

body2023
JUDGMENT : 1. The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicants, Ram Prakash Bansal and Adesh Kumar Garg in Case Crime No. RS 1202018A0008/2018, under Sections-120-B, 409, 420, 468, 471 IPC and Section 13(2) r/w 13(1)(c), 13(1)(d) of P.C. Act, Police Station- C.B.I., A.C.B., District- Ghaziabad. 2. Learned counsel for the applicants submits that the accused applicants have shop / business establishment in district Shamli. It is alleged that the accused applicants conspiracy with the accused Robin Bansal, Assistant Manager of Indian Overseas Bank fraudulently sanctioned an amount of Rs. 4.73 crores as Mudra Loan to different customers on the basis of forged bills issued by the accused applicants. 3. Learned counsel for the accused applicants have received Rs. 52,000/-and Rs. 2,00,000/-in their bank account and some of them have deposited the said amount to the bank and others are ready to deposit the amount received in the bank account. He further submits that charge has already been filed for the offence under Section 120B read with Section 420, 468 and 471 IPC and Section 13(2) which entails punishment upto 7 years. 4. Sri Sanjay Kumar Yadav, learned counsel for the C.B.I. has opposed the anticipatory bail applications of the accused applicants but he has not disputed the fact that the punishment for the offence, for which the charge sheet has been filed upto 7 years. 5. Without expressing any opinion on the merits of the case and considering the nature of accusation and his antecedents, the applicants are entitled to be released on anticipatory bail in this case considering the exceptions considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. 6. It is therefore, provided that the accused applicants Tushar Jain, Mohit Sharma, Devendra Sharma, Ujjawal Sharma and Vikram Singh shall be released on anticipatory bail in the aforesaid case by the competent Court on furnishing a personal bond of Rs. 50,000/-with two sureties each in the like amount to the satisfaction of the concerned Court within 7 seven days from today with the following conditions. 50,000/-with two sureties each in the like amount to the satisfaction of the concerned Court within 7 seven days from today with the following conditions. (i) The accused applicant Tushar Jain shall deposit 52,000/-and the other accused applicants, namely Mohit Sharma, Devendra Sharma, Ujjawal Sharma and Vikram Singh shall deposit 2 lacs each to the Indian Overseas Bank, Branch -Shamli within a period of 7 days from today, if already not deposited. (ii) The applicants shall make himself available for interrogation by the police officer as and when required; (iii) The applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police officer; (iv) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned. (v) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. (vi) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. 7. In default of any of the conditions, the Investigating Officer/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 8. The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant. 9. The applicants are directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress, who shall ensure the compliance of present order.