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1 - 10 of 16 (1.30 seconds)The Indian Penal Code, 1860
Section 7 in The Prevention of Corruption Act, 1988 [Entire Act]
The Code of Criminal Procedure, 1973
Article 21 in Constitution of India [Constitution]
C.B.I vs V.Vijay Sai Reddy on 9 May, 2013
In [Central Bureau of Investigation Vs. V. Vijay Sai
Reddy (2013) 7 Scale 15], relied by Ld. Counsel for CBI, Hon'ble
Supreme Court held, that while granting bail court has to keep in
mind various factors for grant or refusal of bail viz; nature of
accusation, nature of evidence in support thereof, severity of
punishment, character of accused, reasonable possibility of
securing the presence of accused at trial, reasonable
apprehension of witnesses being tempered with and larger
interest of public/state and other similar considerations. To my
23 Bail App Nos. 399 & 400 of 2021
considered view, the observations of the Apex Court would be
strictly followed in the case in hand.
Section 437 in The Code of Criminal Procedure, 1973 [Entire Act]
Umesh Kumar vs Incharge Police Station Cbi And Anr on 28 October, 2020
In judgment/order of J&K High Court rendered in Bail
App No. 174/2020 (Umesh Kumar--Petitioner(s) vs Incharge
Police Station CBI and anr.--Respondent(s), also relied by Ld.
Counsel for petitioners/accused, Hon'ble J&K High Court granted
bail to petitioner/accused indicted in case No. RC00420209A004
for commission of offence u/s 7 of P.C. Act in a trap case wherein
petitioner/accused was caught red handed while demanding and
accepting bribe of Rs. 5000 from complainant.
Avneesh Kumar Gupta vs Cbi Thr S.P.E. Dehradun on 16 December, 2016
In 2017(2) RCR (Criminal)
232 (Avneesh Kumar Gupta Vs CBI) relied by Ld. Counsel for
CBI, Hon'ble High Court of Uttarakhand held, that graft case is
entirely difference from other common offences, as such, bail in
such cases should be considered with great circumspection and
the courts have to strike a balance between societal interest and
individual interest and there should be zero tolerance to the
corruption. In judgment/order of J&K High Court rendered in
bail App. 39/2021 (Darbara Singh--Applicant(S) V/s Union
Territory of J&K--Respondent(S)], relied upon by Ld. Counsel
for CBI, Hon'ble J&K High Court in a graft case refused bail to
the accused by taking into consideration the status/progress of
investigation that while laying a trap accused was caught red
handed on 29-01-2021 by CBI/ACB Jammu wherein while
demanding and accepting bribe the bribe amount of Rs. 50,000/-
was recovered from the accused and also from searches of his
office and residential premises cash of Rs. 1,45,000/- from his
Jammu residence and sum of Rs. 5,10,000/- was found from his
Chandigarh residence alongwith other documents relating to
investment in property i.e. Flat No. B-2 Dr. Ambedkar Co-
Operative House Building Society Ltd. Sector 76 Mohali and Plot
measuring 250 Sq yards R.K.M City Sector 111-112 SAS Nagar
Mohali. It is apt to reiterate here, that none of the decisions
relied upon by Ld. Counsel for CBI lay down an invariable rule of
law that in all the non-bailable offences and especially in cases
under Prevention of Corruption Act bail should always be refused,
but the grant or refusal would depend upon the facts of the case
and the stage of the investigation.