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DINESH KUMAR SINGH
Kapil Wadhawan – Appellant
Versus
State Thru. C. B. I. /A. C. B. Lko. – Respondent
JUDGMENT :
1. The present application under Section 439, read with section 167 of the Code of Criminal Procedure 1973 (hereinafter referred to as "Cr.P.C.") has been filed by the applicants, Kapil Wadhawan and Dheeraj Wadhawan, seeking default bail in Crime No. RC No.0062020A0005 under Sections-120B, 409, 420, 467, 468, 471 of The Indian Penal Code, 1860 (hereinafter referred to as “I.P.C.”) read with Sections 7A, 8, 13(2),13(1)(d) of Prevention to the Corruption Act, 1988 Police Station-CBI/ACB, Lucknow, after their bail application for default bail bearing Bail Application No. 7528 of 2022 got rejected by the learned Special Judge, Anti-Corruption, CBI (West), Lucknow, vide order dated 1st October 2022.
2. The facts in brief of the present case, which are relevant for the purposes of deciding the present bail application are mentioned as under:
3. On 2nd November 2019, an FIR No. 540 of 2019 came to be registered at Police Station Hazaratganj, Lucknow on the complaint of one I.M. Kaushal, Secretary, Trust of Uttar Pradesh Power Corporation Limited (hereinafter referred to as "U.P.P.C.L.") against Mr. Praveen Kumar Gupta, ex-Secretary (Trust) and Mr. Sudhanshu Dwivedi, who served U.P
(1) Default bail – Once challan has been filed, question of grant of bail has to be considered and decided only with reference to merits of case under provisions relating to grant of bail to accused ....
Point of Law : Economic offences constitute a class apart and need to be visited with a different approach in the matter of bail.
Default bail (Statutory bail) – No subterfuge should be resorted to, to defeat indefeasible right of accused for default bail during interregnum when statutory period for filing charge-sheet or chall....
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