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TMI Blog2022 (10) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... he allegations against the petitioner are that he being a registered Chartered Accountant, shared with co-accused Gaurav Dhir, his One Time Password, basis on which, Unique Document Identification Number was generated, which was used by him for the purpose of issuance of a CA certificate, without the knowledge or authority of the petitioner. She further submits that the said document was also signed by the co-accused and not the petitioner. It is her further submission that it was the first and only instance of the petitioner sharing this information with the co-accused. However, pursuant to the notice by which, the petitioner was summoned, he appeared to join the investigation on 17.5.2022 but was arrested there and then. Thereafter, he wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bail was granted as the matter already stood investigated and the challan stood presented. Per contra, learned counsel for the respondent-Department opposes the prayer of the petitioner on the ground that huge loss has been caused to the department, though, certain bank accounts have already been freezed and certain companies have voluntarily refunded the amount due towards them. Department is still trying to figure out as to who all are involved in the case and proceedings against certain officials have also been initiated. He, however, is unable to controvert the fact that the petitioner is in custody since 17.5.2022; investigation has been completed; challan stands presented; there are 21 PWs in all and the trial is yet to commence. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent conditions in order to ally the apprehension expressed by CBI. " Hon'ble the Supreme Court of India in the case of P.Chidambaram vs. Directorate of Enforcement (2020) 13 SCC 791, has held as under: "21. Thus from cumulative perusal of the judgments cited on either side including the one rendered by the Constitution Bench of this Court, it could be deduced that the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial. However, while considering the same the gravity of the offence is an aspect which is required to be kept in view by the Court. The gravity for the said purpose will have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In the case of Satender Kumar Antil Vs CBI and others, SLP (Crl) 5191 of 2021, decided on 11.07.2022, Hon'ble the Supreme Court of India, in order to issue guidelines meant for investigating agencies and Courts, has also relied upon the aforesaid judgments. It has also been observed in Amit Kumar @ Bacha Rai (supra), that there is no straight jacket formula for consideration of grant of bail to an accused and it all depends upon the facts and circumstances of each case. Para relevant in this regard, reads thus: 12. Although there is no quarrel with respect to the legal propositions canvassed by the learned counsels, it should be noted that there is no straight jacket formula for consideration of grant of bail to an accused. It all dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on'ble the Supreme Court of India on 27.05.2019, the High Court of Telangana was considering the issue whether Article 226 can be used as a substitute to section 438, Cr.P.C and relief against arrest of the petitioner was not granted. Hon'ble the Supreme Court of India in the case of Sapna Jain (supra) had observed that the accused-respondents had been granted the privilege of pre-arrest bail by the High Court by the impugned orders and it was made clear that the High Courts while entertaining such request in future, will keep in mind that this Court by order dated 27.5.2019 passed in SLP (Crl.) No.4430/2019 had dismissed the special leave petition filed against the judgment and order of the Telangana High Court in a similar matter, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... incarceration of the petitioner behind bars would not serve any useful purpose, the present petition for grant of regular bail deserves to be allowed. Keeping in view the the facts of present case and the judgments referred to above, particularly in the cases of Sanjay Chandra and P.Chidambaram (supra), the instant petition is allowed. The petitioner is ordered to be released on regular bail, subject to his furnishing bail/surety bonds amounting to Rs.10 lakhs to the satisfaction of trial Court/Duty Magistrate concerned and subject to him not being required in any other case. The petitioner shall abide by the following conditions:- 1. The petitioner will not tamper with the evidence during the trial. 2. The petitioner shall surrender ..... X X X X Extracts X X X X X X X X Extracts X X X X
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