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2021 (3) TMI 1279 - ALLAHABAD HIGH COURTSeeking grant of Bail - change in material circumstances which have uprooted the prosecution version - framing of charges against applicant - Section 120-B read with Section 7(c), 7(a) and 8 of the Prevention of Corruption Act, 1988 - medical condition of applicant also not good - HELD THAT:- This court is of the view that there is no doubt that two eye-witnesses of preparation of trap proceedings have not been recorded as yet who are independent witnesses but PW-3 Amrendra, who is Manager of Hotel, Kapoor Inn, has stated that the raid was made at the said hotel which is located in Delhi, and has further stated that co-accused Ranveer Singh was arrested from his hotel when the raid was conducted by C.B.I. and on this ground, co-accused Ranveer Singh has been allowed bail. This Court is of the view that benefit of bail has already been allowed to the co-accused Ranveer who is one of the main accused in this case who was said to have gone to the house of co-accused V.S. Rathore with an amount of ₹ 20,00,000/- to be handed over to the applicant and the said coaccused V.S. Rathore. It has come on record that the applicant was never found present on the scene of occurrence and his presence is only being tried to be established on the basis of telephonic conversations between them and it is being stated that he was in the vicinity but having sensed that police was at the place near about, he fled from there feigning that his father had slipped in the bathroom so as to avoid his arrest. This would indicate that this is a factual aspect which needs to be decided at the time of trial but as on date, it may be taken that benefit of bail has been granted to the co-accused Ranveer Singh and the said benefit may also be granted to the accused-applicant as his case is on better footing as he was not arrested on the spot. As regards medical held, record shows that he was having fibrosis in his lung and he was found Covid-19 positive and was admitted at the higher standard hospital, therefore possibility of adverse effect on his health also cannot be ruled out and lastly this Court finds that nothing has been brought on record from the side of prosecution that he did not appear regularly before the trial court as five witnesses have already been recorded and no instance of him having influenced witnesses of prosecution has been given so far, although it has been stated in counter affidavit that if he is released, he would tamper with the evidence but mere suspicion cannot take place of proof and having seen that he did not misuse his interim bail, this would be an additional ground to release him on bail. Let the applicant Sunil Dutt involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the conditions imposed - application allowed.
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