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2023 (9) TMI 510

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..... the Applicant : Raghvendra P. Singh, Vijay Pratap Singh. For the Opposite Party : Anurag Kumar Singh. ORDER HON'BLE SUBHASH VIDYARTHI, J. On 16.03.2023, after hearing the learned counsel for the applicant and the learned A.G.A. this Court had passed the following interim order - Heard Mr. Vijay Pratap Singh, learned counsel for the applicant, Mr. Anurag Kumar Singh, learned counsel for the C.B.I. and perused the record. This Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. has been moved by the applicant after rejection of his anticipatory bail application by the order dated 24.02.2023 passed by learned Special Judge (Prevention of Corruption Act) C.B.I. Court No.3, Lucknow. seeking .....

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..... gainst the applicant and other accused persons. However, the applicant has not yet received summons of the said case. Learned counsel for the applicant submits that the alleged recovery was made on 19.12.2019, whereas the F.I.R. has been lodged on 10.08.2022 i.e. after expiry of almost three years. Although, the first information report has been lodged under Section 13 (1) (a) r/w 13 (2) and Section 7 (c) of the Prevention of Corruption Act, 1988 and Section 419, 120-B r/w 420 I.P.C, the provisions of Section 13 (1) (a) r/w 13 (2) and Section 7 (c) of the Prevention of Corruption Act are applicable to public servants and the learned counsel for the C.B.I. has submitted that the applicant is guilty of entering into conspiracy wit .....

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..... o any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence; (iv) The applicant shall not leave India without the previous permission of the Court; (v) The applicant shall not pressurize/ intimidate the prosecution witness; (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted. In default of any of the conditions mentioned above or it is found that applicant has obtained this order concealing any material facts, the Investigating Officer shall be at liberty to file appropriate application for vacation of this interim order. Although a counter affidavi .....

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