Allahabad High Court
Zia Majeed vs C.B.I. Anti-Corruption Bureau Naval ... on 25 July, 2022
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- APPLICATION U/S 482 No. - 2012 of 2018 Applicant :- Zia Majeed Opposite Party :- C.B.I. Anti-Corruption Bureau Naval Kishore Road Hazratgan Counsel for Applicant :- Brij Mohan Sahai,Amit Kumar Pathak,Imran Ullah,Nadeem Murtaza Counsel for Opposite Party :- Bireswar Nath,Sheeran Mohiuddin Alavi,Shiv P.Shukla Hon'ble Dinesh Kumar Singh, J.
1. The present petition under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 25.9.2017 as well as the order dated 17.1.2018 and the entire proceedings of Case No.954 of 2017 (C.B.I. Vs. Radheyshyam ad others), arising out of RC No.0062014A0024, under Sections 120-B, 420, 468, 471, 201 IPC and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, pending in the court of Special Judge, Anti Corruption, C.B.I. (West), Lucknow.
2. After some arguments, Sri Nadeem Murtaza, learned counsel for the applicant submits that the applicant would join the proceedings before the learned trial court. He further submits that applicant was not arrested during the course of investigation and he is ready to furnish a personal bond and two sureties each to the satisfaction of the court concerned. He also submits that the only ground is that the applicant on furnishing a personal bond and two sureties each to the satisfaction of the court concerned, he may be enlarged on bail on the same day.
3. Sri Shiv P. Sukla, learned counsel appearing for the C.B.I. does not dispute the fact that the applicant was not arrested during the course of investigation and he cooperated during the course of investigation.
4. Considering the submissions advanced on behalf of the learned counsel for the parties, I am of the view that no purpose would be served by sending the applicant to jail at this stage. Therefore, the applicant may be enlarged on bail on his furnishing a personal bond and two sureties each to the satisfaction of the court concerned in light of judgment rendered by the Supreme Court in Criminal Appeal No.929 of 2021 (Aman Preet Singh Vs. C.B.I. Through Director). The applicant after release on bail, will cooperate in the trial and will not seek any adjournment or try to influence the witness or tamper with hit the evidence.
5. Subject to above observation and direction, the present petition stands disposed of.
Order Date :- 25.7.2022 Rao/-