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2022 Supreme(All) 265

KRISHAN PAHAL
Yogendra Nath Pandey – Appellant
Versus
C. B. I. Anti Corruption Branch Lucknow – Respondent


Advocates:
Advocate Appeared:
For the Applicant : K. Saran, Amit Kumar Kaushal, Himanshu Suryavanshi
For the Opposite Party : Anurag Kumar Singh

JUDGMENT :

1. Heard Sri Himanshu Suryavanshi and Sri Amit Kumar Kaushal, learned counsels appearing on behalf of the applicant as well as Sri Anurag Kumar Singh, learned counsel for the Central Bureau of Investigation assisted by Sri Akhilendra Singh, Advocate and also perused the material available on record.

2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. R.C.0062011A0006, under Sections 120-B, 420, 467, 468 and 471 IPC and Sections 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988, Police Station-CBI, ACB, District-Lucknow, with a prayer to enlarge him on anticipatory bail.

BRIEF FACTS OF THE CASE

3. A coal linkage was granted to M/s Jai Durga Industries, Chandauli in the year 1987. A new coal distribution policy was introduced on 18.10.2007 by the Ministry of Coal, envisaging a new mechanism of coal distribution by way of entering into the Fuel Supply Agreement in compliance with the directions of the Supreme Court in M/s Ashoka Smokeless Vs. Union of India and in connected matters, (2007) 2 SCC 640. As per new policy, the prices were to be fixed by Coal India Limited. Pursuant to the said newly devised system, a

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