POONAM A. BAMBA
Brajendra Singh Bhadouriya – Appellant
Versus
Central Bureau of Investigation – Respondent
JUDGMENT :
Poonam A. Bamba, J.
1. This is an application on behalf of the petitioner namely Brajendra Singh Bhadouriya (A-27) filed through his pairokar/wife Smt. Shashi Devi, under Section 439 read with Section 482 Cr.P.C for the grant of regular bail in FIR No. RCBDI/2014/E/0004/CBI/BS&FC New Delhi dated 19.02.2014.
2. It is submitted that the above FIR came to be registered pursuant to the directions of the Hon’ble Supreme Court vide order dated 12.03.2013 in Civil Appeal No. 6572 of 2004 in the matter of M/s PGF Ltd. Vs. Union of India & Ors. First charge sheet in the matter was filed on 07.04.2016 and the present petitioner/accused was not named therein, though reference to him appeared in the same. The petitioner had been joining the investigation and cooperating by providing information/documents as sought, from time to time, by the CBI. In the supplementary charge sheet, which was filed on 31.12.2021, the petitioner was named along with other accused persons as accused no. A-27. 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
Bail cannot be declined to an accused only because accused is charge-sheeted for a grave economic offence.
Bail in economic offences cannot be denied solely due to the nature of the charge; the court must consider individual circumstances and cooperation with the investigation.
Granting bail based on lack of specific allegations in the charge sheet and parity with the bail granted to main and other co-accused in similar cases.
The court ruled that a bail application should be denied where serious allegations of economic fraud exist, especially when the applicant is a habitual offender and poses a risk of tampering with evi....
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