Delhi High Court - Orders
Anshu Agrawal vs Central Bureau Of Investigation on 25 July, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1622/2022 & CRL.M.A. 10530/2022
ANSHU AGRAWAL ..... Petitioner
Through: Mr. Himanshu Gautam, Advocate.
versus
CENTRAL BUREAU OF INVESTIGATION ..... Respondent
Through: Mr. Ripu Daman Bhardwaj, SPP with
Ms. Aakriti Roy, Advocate.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 25.07.2022 The applicant, vide the present application has sought the grant of anticipatory bail in relation to FIR No. RC0032022A0026 under Sections 7, 7A & 8 of the PC Act 1988 and Sections 120B, 419, 420, 468, 471 of the Indian Penal Code, 1860, PS CBI/ACB/New Delhi, Delhi Zonal Unit submitting to the effect that he has been falsely implicated in the instant case; that the charge sheet in the matter has already been filed and that there is nothing apart from the disclosure statement made by the co-accused against the applicant as indicated vide the order dated 21.05.2022 of the Court of the learned Special Judge (PC Act), CBI-12, Rouse Avenue District Courts, New Delhi and the observations in the said impugned order which indicate to the effect that the applicant had allegedly as per the CBI at that stage not given relevant answers is in consequential, in as much as, the BAIL APPLN. 1622/2022 Page 1 of 4 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:26.07.2022 16:44:45 This file is digitally signed by PS to HMJ ANU MALHOTRA.
applicant is entitled to maintain silence.
Inter alia, reliance is placed on behalf of the applicant on the proceedings in relation to bail application of a co-accused named Raj Kumar, who vide order dated 18.07.2022 of the Court of the learned Special Judge (PC Act), CBI-12, Rouse Avenue District Courts, New Delhi,- was granted bail.
On behalf of the CBI, the learned SPP for the CBI has submitted the status report in a sealed cover which has now been opened and perused and a copy of the status report has now been supplied by the learned SPP for the CBI to the learned counsel for the applicant.
On behalf of the CBI, the prayer made by the applicant seeking the grant of anticipatory bail in the matter is vehemently opposed submitting to the effect that the stage of consideration of the previous application filed by the applicant seeking the grant of anticipatory bail before the learned Special Judge (PC Act), CBI-12, Rouse Avenue District Courts, New Delhi when the application of the applicant was rejected vide order dated 21.05.2022, it was at that stage only the disclosure statement available against the applicant but during the investigation of the case, the mobile phone of the applicant bearing no.9354332581, Assistant Section Officer of FCRA Wing, Foreign Division, MHA, New Delhi, a public servant had been seized and the print outs of WhatsApp chats saved in his mobile phone have been taken in immediate presence of independent witnesses which WhatsApp chats contain sharing of MHA files, sharing of status of MHA files with accused public servants and private persons, getting instructions from private persons for processing of MHA files and sharing status of MHA files including BAIL APPLN. 1622/2022 Page 2 of 4 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:26.07.2022 16:44:45 This file is digitally signed by PS to HMJ ANU MALHOTRA.
pending MHA files for renewal of FCRA Licenses of some NGOs mentioned in the FIR and these conversations are with accused persons of the case in relation to obtaining of illegal gratifications for processing of MHA files and processed MHA files.
The CBI further submits to the effect that there has been an examination of Sr. Accountant, FCRA, New Delhi also under Section 161 of the Cr.P.C. who has affirmed to the effect that the print outs of the incriminating WhatsApp chats bore mobile number of the applicant herein. It is further submitted on behalf of the CBI that the role of the applicant, an Assistant Section Officer, FCRA, Foreign Wing, Ministry of Home Affairs, New Delhi has emerged during investigation; that he hatched criminal conspiracy along with the accused public servants and private persons and passed on information relating to renewal of FCRA license in respect of large number of NGOs and his custodial interrogation is required to unearth larger conspiracy and to ascertain involvement of other accused persons in the case.
On a perusal of the status report that the CBI has submitted and on a consideration of the submissions that have been made on behalf of either side, it is apparent that the custodial interrogation of the applicant being a public servant in relation to the alleged conspiracy for transmission of records of the MHA in order to allegedly obtain illegal gratification for renewal of FCRA licenses would be essential. In the circumstances, there is no ground whatsoever for the grant of anticipatory bail to the applicant and the interim protection granted to the applicant vide order dated 25.05.2022 BAIL APPLN. 1622/2022 Page 3 of 4 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:26.07.2022 16:44:45 This file is digitally signed by PS to HMJ ANU MALHOTRA.
and extended thereafter, is withdrawn.
The application is thus, declined.
ANU MALHOTRA, J JULY 25, 2022 nc BAIL APPLN. 1622/2022 Page 4 of 4 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:26.07.2022 16:44:45 This file is digitally signed by PS to HMJ ANU MALHOTRA.