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Thursday, October 29, 2015

Bail=firstly, the investigation in the case is complete; secondly, the charge sheet is filed; thirdly, the appellant is in custody for the last six months and lastly, looking to the old age of the appellant who is also ailing, we are inclined to set aside the impugned order and grant bail to the appellant. 12. The appeal is accordingly allowed. Impugned order is set aside. The appellant is directed to be released on bail during trial to the satisfaction of the trial Judge.


                                                              Non-Reportable
                        IN THE SUPREME COURT OF INDIA
                       CRIMINAL APPELLATE JURISDICTION
                      CRIMINAL APPEAL No. 1416 OF 2015
                (Arising out of S.L.P.(Crl.)No.8036 of 2015)

Rajendra Prakash Agrawal                Appellant(s)

                             VERSUS

Union of India & Anr.                   Respondent(s)
                                  O R D E R
Abhay Manohar Sapre, J.
Leave granted.
This appeal is directed against the final order dated 19.08.2015  passed  by
the  High  Court  of  Judicature  at  Allahabad  in  Criminal   Misc.   Bail
Application No. 19406 of 2015 filed by  the  appellant  herein  whereby  the
High Court rejected the bail application filed by the appellant herein.
3.    In order to appreciate the  issue  involved  in  this  appeal,  it  is
necessary to state the few relevant facts in brief.
4.    The appellant and others are facing trial for commission  of  offences
punishable under Sections 120-B, 420, 467,  468  and  471  of  Indian  Penal
Code, 1860 read with Section 13 (2) and Section 13 (1)(d) of the  Prevention
of Corruption  Act,  1988  pursuant  to  FIR  bearing  Case  Crime  No.  RC-
1202013A0003 of 2013 lodged at Police Station -CBI, ACB, Ghaziabad.
5.    The appellant-an architect by profession was apprehended in  May  2015
in connection with the aforesaid crime case and since then he is in jail.
6.    The appellant filed bail application  No.  2766  of  2015  before  the
Special Judge, Prevention of Corruption, CBI,  Court  No.1,  Ghaziabad.   By
order dated 08.05.2015, the said application was rejected.
7.  Thereafter, the appellant applied for grant  of  bail  before  the  High
Court at Allahabad.  By impugned order, the High  Court  rejected  the  said
bail application.
8.    Heard learned counsel for the parties.
9.    Learned Counsel for the appellant urged four  submissions  in  support
of this appeal. In the first place, he contended that the appellant was  not
named in the FIR and hence this fact should have been taken  note  of  while
considering his bail application. His second submission was that the  entire
investigation is now complete and charge sheet has been  filed  against  all
the accused persons including the appellant in competent  court.  His  third
submission was that appellant is quite an old man aged around 71  years  and
is also ailing. His fourth submission was that appellant is in  custody  for
the last six months and there is no one in appellant's family to look  after
his dependents and lastly, since the issues involved  in  the  trial  mostly
relate to documents and  the  appellant  having  co-operated  throughout  in
investigation which resulted in filing of  charge  sheet  and  has  no  past
criminal record of any kind against the appellant, he be  released  on  bail
on terms.
10.   Learned counsel for the respondents opposed the application for  grant
of bail  contending  that  the  charges  against  the  appellant  are  quite
serious.
11.   Having heard learned counsel for the parties and taking  note  of  the
fact that firstly, the investigation in the case is complete; secondly,  the
charge sheet is filed; thirdly, the appellant is in  custody  for  the  last
six months and lastly, looking to the old age of the appellant who  is  also
ailing, we are inclined to set aside the impugned order and  grant  bail  to
the appellant.
12.   The appeal is accordingly allowed. Impugned order is  set  aside.  The
appellant  is  directed  to  be  released  on  bail  during  trial  to   the
satisfaction of the trial Judge.
                     ………...................................J.
                                [J. CHELAMESWAR]


                  …...……..................................J.
                               [ABHAY MANOHAR SAPRE]
      New Delhi;
October 26, 2015.




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