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2019 (10) TMI 1425

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..... is allowed subject to conditions imposed. - M.Cr.C.(A) No. 788 of 2019 - - - Dated:- 16-10-2019 - Hon ble Shri Justice Arvind Singh Chandel, J. For the Applicant : Shri Kishore Bhaduri, Shri Aayush Bhatia and Shri Sabyasachi Bhaduri, Advocates. For the Respondent/State : Ms. Hamida Siddiqui, Dy. Adv. General. 1. The Applicant is apprehending his arrest in connection with Crime No.9 of 2015 registered at Police Station Economic Offence Wing/ Anti-Corruption Bureau, Raipur for offence punishable under Sections 109, 120B, 409, 420 of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act (henceforth the PC Act ). 2. Facts of the case, in brief, are that from 1.7.2014 to 18. .....

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..... in the case. There is nothing on record on the basis of which any offence could be made out against the Applicant. There is no iota of evidence regarding entrustment of property with the Applicant and there is also no iota of evidence that the Applicant fraudulently and dishonestly deceived any person. There is no prima facie evidence available on record on the basis of which it could be said that the Applicant obtained any illegal money for himself for any pecuniary advantage or valuable thing. It is further submitted that the FIR was lodged in the year 2015 and no interrogation was made from the Applicant and he was directly charge-sheeted in the year 2018, i.e., after 3 years of lodging of the FIR. It is further submitted that initially .....

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..... material available with due care. 6. Taking into consideration the facts and circumstances of the case, the submissions put-forth on behalf of the parties and considering that charge-sheet has already been filed and it seems that custodial interrogation of the Applicant is not required and coaccused Anil Tuteja has already been granted anticipatory bail by this Court and, therefore, on the same footing, the present Applicant is also extended the benefit of anticipatory bail. 7. Accordingly, the anticipatory bail application is allowed. 8. It is directed that in the event of arrest of the Applicant in connection with the aforesaid crime, he shall be released on anticipatory bail on furnishing a personal bond in the sum of Rupees Thr .....

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