TMI Blog2020 (1) TMI 745X X X X Extracts X X X X X X X X Extracts X X X X ..... onditions imposed by this Hon ble Court in granting him bail. The Applicant has preferred the present Application bona fide and in the interest of justice. The Applicant has not filed any such or similar Bail Application either before this Hon ble Court or before the Hon ble High Court - bail granted. - RC-DAI-2019-A-0042 - - - Dated:- 10-1-2020 - SH. VIRENDER BHATT, LD. SPECIAL JUDGE (PC ACT), For the Applicant : RAJESH DHANDA ORDER The present Application for regular bail is being preferred under Section 437/439 of Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC ) on behalf of the Applicant, Shri Rajesh Dhanda, aged about 51 years, r/o 19-A, Kitchlu Nagar, Ludhiana seeking grant of regular bail in FIR No. RC-DAI-2019-A-0042 dated 29.12.2019 (hereinafter referred to as the said FIR ) by the CBI. True copy of the FIR bearing no. RC-DAI-2019-A-0042 dated 29.12.2019 registered by the CBI is annexed herewith and marked as ANNEXURE P/1 . 2. The Applicant is a law-abiding citizen of India, permanent resident of Ludhiana, Punjab having deep roots in the society. The Applicant has already undergone 9 days of Judic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to drive back to Ludhiana. Certain other CBI officers followed the Applicant s car in a different car. While the Applicant was being forcefully taken to Ludhiana, he was told that he is a witness in some case and has to cooperate with CBI. e) It is pertinent to mention that an employee of the Applicant namely Sh. Darshan Singh, who is a retired ITBP officer, and had travelled with the Applicant to New Delhi, was also illegally detained by the CBI and was sent to the CBI Office, New Delhi on 31.12.2019 and was released only on the next date i.e. 01.01.2020 at 8.30 PM. f) The Applicant was made to stay against his wishes at an undisclosed location overnight in Ludhiana. In the morning on 01.01.2020, the Applicant was forcefully made to go to other locations against his wishes as he was pressurized and coerced by the CB officials that he is a witness in some case and has to cooperate with the CBI. g) Thereafter, the Applicant was again made to travel back to Delhi on 01.01.2020 and was overnight kept at the CBI office. It was only at midnight that the Applicant was orally told that he was arrested. All along, the Applicant s family was never informed of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned even once by the CBI in judicial custody as is reflected from the fact that no permission was sought from this Hon ble Court. The custody of the Applicant is not required for any purpose or for investigation. 8. It has been held in a catena of judgments that while dealing with the bail application, it is not in dispute that three factors have to be seen viz. i) flight risk, ii) tampering evidence iii) influencing witnesses. Pertinently, all the three factors are satisfied qua the Applicant in the instant case. Re: Tampering of Evidence 9. This is a case of documentary evidence, which is already in the possession of the CBI and hence no useful purpose would be served by keeping the Applicant in custody. There is no reasonable apprehension whatsoever that the Applicant shall tamper with evidence or otherwise indulge in any misconduct that is detrimental to the administration of justice. Even otherwise till date, there is not even an allegation by CBI regarding tampering of evidence. Re: Influencing of Witnessess 10. There is till date no material to show even prima facie that the Applicant has influenced any witness or even att ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le Court or the Investigating Agency. 16. The Applicant does not have the propensity to evade the process of law. There is no allegation of non-cooperation on the part of the Applicant by the CBI. The Applicant will cooperate with the investigation at all times. The Applicant has deep roots in the society and is willing to abide by all such conditions as may be imposed by this Hon ble Court while granting him bail. 17. Even otherwise, the Applicant undertakes that he shall not, tamper with evidence or influence witnesses, nor is there any reasonable or justifiable apprehension thereof. 18. Therefore, the Applicant satisfies the triple test for grant of bail, and there is no reason to deny bail to the Applicant herein in terms of the parameters laid down by the Hon ble Apex Court as well as the Hon ble High Courts in a catena of judgments. 19. It is submitted that in the instant case, the alleged offence u/S 7A is punishable with imprisonment for a term not exceeding 7 years As such, it is submitted that the offence alleged is not grave or serious and the Applicant ought to be granted bail in view of the law laid down in Arnesh Kumar vs. Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssure and coercion of the CBI officials. The Applicant has not demanded or accepted any bribe amount, nor has made any attempt to do so. Even as per the case of CBI in the remand Application dated 02.01.2020, the Applicant has not handled the tainted money at any point of time. 22. There is no circumstance adverse to the grant of bail. That the Applicant has no criminal antecedents. The Applicant has been falsely named in the said FIR. 23. Further, the Applicant undertakes to abide by any directions or conditions imposed by this Hon ble Court in granting him bail. 24. The Applicant has preferred the present Application bona fide and in the interest of justice. The Applicant has not filed any such or similar Bail Application either before this Hon ble Court or before the Hon ble High Court. 25. The Applicant humbly craves leave of this Hon ble Court to raise such further grounds, as may be available to the Applicant under law, during the course of hearing of the instant Application. PRAYER Wherefore, in light of the facts and circumstances as aforementioned, it is humbly prayed that this Hon ble Court may be pleased to: ..... X X X X Extracts X X X X X X X X Extracts X X X X
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