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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 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 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.