Ramesh Sinha, J. –

Heard Sri Anoop Trivedi, learned counsel for the applicant, Sri N.I. Jafri, learned counsel for the C.B.I and perused the record.

This is the second bail application moved on behalf of the appellant. The first bail application of the applicant was rejected by Hon'ble Naheed Ara Moonis, J. on 9.12.2014 in Criminal Misc. Bail Application No.36664 of 2014. The second bail application was released by Her Lordship on 18.4.2015. The present bail application has been nominated to this Bench by Hon'ble the Chief Justice vide order dated 8.9.2015.

2. The brief facts of the case are that an first information report was lodged by one Sanjay Mishra, Supply Inspector, Food Department, Mainpuri against the five accused persons, namely, Raghuveer Singh the then Basic Shiksha Adhikari, Mainpuri, Krishna Dev, the present Basic Shiksha Adhikari, Mainpuri, Vishnu Dayal, Clerk, Prashant Mishra, District Coordinator and Vivek Sudarshan, Secretary of N.G.O. on 24.4.2011 registered as case Crime No. 900 of 2011, under sections 420 and 120-B I.P.C. and under Section 3 /7 Essential Commodities Act 1955.

3. Vivek Sudharshan one of the accused in the aforesaid case challenged the recov