ORDER :

SAMIT GOPAL, J.

1. Heard Sri Alok Saxena, Sri Indra Raj, learned counsels for the applicant, Sri Gyan Prakash, learned Senior Advocate/Deputy Solicitor General of India, assisted by Sri Sanjay Kumar Yadav, learned counsel for the C.B.I. and perused the record.

2. This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Rajesh Kumar Sharma, seeking anticipatory bail, in the event of arrest in Special Case No. 01 of 2022, RC No. 2192019 E 006, registered at Police Station CBI/EO-1, New Delhi, under Sections 120B r/w 420, 467, 468, 471 I.P.C. and Section 13(2) r/w 13(1) (d) Prevention of Corruption Act, 1988.

3. At the very outset, learned counsel for the C.B.I. raises a preliminary objection regarding maintainability of the present anticipatory bail application under Section 438 Cr.P.C. by arguing that on the own showing of the applicant as per supplementary affidavit dated 11.10.2022, para-2 (2), it is stated that the applicant has been arrested in September 2022 in Case Crime No. 33 of 2022, under Sections 384, 420, 468, 471, 509 and 120B I.P.C., Police Station-Cyber Crime, Chandigarh, and as such the present anticipatory bail application is