SC: Disciplinary Proceedings Cannot Follow if an Officer is Discharged on the Same Charge  ||  SC Clarified the Distinction Between Arbitration “Seat” And “Venue” While Summarising Key Principles  ||  Supreme Court: Wife and Her Family Cannot Be Prosecuted For Dowry-Giving Based On Her Complaint  ||  SC: Plaint Cannot Be Rejected Under Order VII Rule 11 CPC on the Ground of Order II Rule 2 Bar  ||  Supreme Court Has Issued an SOP Prescribing Strict Timelines For Filing Legal Aid Appeals  ||  Madras HC: Dhurandhar 2 Release Cannot be Stalled Due to Objections From a Small Section  ||  Delhi HC: Lokpal May Form Prima Facie Opinion Before Show Cause Notice Without Prior Hearing  ||  Bom HC: Family Courts Cannot Casually Order a Spouse’s Medical Examination to Assess Mental Health  ||  Bombay HC: Child Care Leave Protects Motherhood and Denial Violates Rights of Mother and Child  ||  Supreme Court: Amalgamating Company Loss Cannot be Set Off Against Amalgamated Income    

Brajendra Singh Bhadouriya vs. Central Bureau Of Investigation - (High Court of Delhi) (30 Nov 2022)

Bail cannot be declined to an accused only because the accused is charge-sheeted for a grave economic offence

MANU/DE/4890/2022

Criminal

Present is an application on behalf of the Petitioner under Section 439 read with Section 482 of Code of Criminal Procedure, 1973 (CrPC) for the grant of regular bail. CBI filed the supplementary charge sheet without arresting the petitioner/accused. The Petitioner was summoned by the court pursuant to filing of the supplementary charge sheet. The Petitioner had duly appeared before the Learned Special Judge, CBI and moved a bail application. However subsequently, on his appearance, the Petitioner was taken into custody by the court rejecting his bail application. The petitioner continues to be in judicial custody since then.

It is also submitted that, the Petitioner had been co- operating with the investigation throughout. No recovery of any incriminating document/material has been made from/at the instance of the Petitioner.

There cannot be any quarrel about the proposition that bail cannot be declined to an accused only because the accused is charge-sheeted for a grave economic offence. In facts of the instant case, it is submitted on behalf of the Petitioner that, he never evaded the process of law during all these years since registration of the FIR in 2014 ; he has been joining the investigation as and when required ; he had not made any attempt of fleeing from justice. Same is not disputed. Petitioner has also submitted that investigation qua the petitioner has been completed.

Further, the supplementary charge sheet against the Petitioner, wherein the Petitioner has been implicated as accused/A-27, was filed, without arrest of the petitioner. The fact that so far, total 447 witnesses have been cited by the CBI vide charge sheets already filed in the matter, is not disputed. Petitioner's plea that it would take a long time in examination of these witnesses/conclusion of trial, more so, as the investigation is still continuing as per CBI, cannot also be disputed. The Petitioner is a government servant, (though stated to be under suspension) and is a family person and is not having any previous involvement.

In view of facts and circumstances and that the petitioner is a government servant, a family person, has been joining the investigation and cooperating in the investigation; and taking into account that the above co-accused persons have already been granted bail, trial in the matter would take a long time, the petitioner is admitted to bail on his furnishing a personal bond in a sum of Rs. 2,00,000 with one surety in the like amount, to the satisfaction of Learned trial Court, subject to the conditions.Bail application of the Petitioner is disposed off.

Tags : BAIL   GRANT   ELIGIBILITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved