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IN THE HIGH COURT OF ALLAHABAD
SAMIT GOPAL, J.
Mukul Kumar Jain And Another – Appellant
Versus
Central Bureau Of Investigation Through Senior Superintendent Of Police Acb Dehradun – Respondent
APPLICATION U/S 482 No. - 28882 of 2024
Decided on : 28-03-2025
| Table of Content |
|---|
| 1. procedural history of the case and adjournments. (Para 1 , 2 , 3 , 4 , 5) |
| 2. details of the fir and allegations against the applicants. (Para 6 , 7 , 8 , 9) |
| 3. status of anticipatory bail applications. (Para 10 , 11 , 12) |
| 4. arguments and submissions from both parties. (Para 13 , 14 , 15) |
| 5. court's observations on jurisdiction and compliance. (Para 16 , 17 , 18) |
| 6. legal reasoning regarding non-compliance and dismissal. (Para 19 , 20 , 21) |
| 7. final order dismissing the application. (Para 22) |
1. On 03.01.2025 the following order was passed by this Court:-
“1. List revised.
2. Heard Sri Mayank Kumar Jain, Advocate holding brief of Sri Shiv Sagar Singh, learned counsel for the applicants who appears in the present matter as well as in the connected matter and Sri Gyan Prakash, learned Senior Counsel assisted by Sri Sanjay Kumar Yadav, learned counsel for C.B.I. in both the matters.
3. The present application is connected with Application U/S 482 Cr.P.C. No. 11034 of 2024 (Mukul Jain And Another vs. Central Bureau Of Investigation) in compliance of order dated 27.09.2024.
4. Records show that the present matter has been listed today in the Additional Cause List / Unlisted List-I under the "Hon'ble Supreme Court Order (Expedited) case". The matter along with connected matter has been listed today on the direction of Hon'ble the Chief Justice dated 02.01.2025 directing the matter to be listed today.
5. On the matter being taken up in the revised list, learned counsel for the applicants submits that the matter be adjourned for a week to enable him to prepare it for arguments.
6. The records further show that the Apex Court in the Misc. Application Diary No. 59714 of 2024 in Special Leave Petition (Criminal) No. 12964 of 2024 (Mukul Kumar Jain vs. Central Bureau of Investigation) has vide order dated 20.12.2024 directed that the present matter be placed before Hon'ble the Chief Justice for fixing a date in the opening week of January, 2025 with a further request to the learned Presiding Judge of the Bench to take up the matter expeditiously.
7. Today, on the matter being taken up, the learned counsel for the applicants seeks adjournment on the ground of preparation for arguments. He is reminded of the order dated 20.12.2024 of the Apex Court passed on his application.
8. Learned counsel for the applicant submits that the both matters be listed on 16.01.2025 to enable him to argue them.
9. Prayer is allowed.
10. The present matter along with connected matter be listed on 16.01.2025.”
2. Subsequently on 16.01.2025 the following order was passed by this Court:-
“1. The present matter is connected with Crl. Misc. 482 No. 11034 of 2024 (Mukul Jain and another Vs. Central Bureau of Investigation), the record of which goes to show that the same has been finally disposed of vide order dated 6.8.2024 passed by a Co-ordinate Bench of this Court.
2. In the present matter an order has been passed by the Apex Court on 20.12.2024 directing the matter to be placed before Hon'ble the Chief Justice for fixing a date in the opening week of January, 2025 with the further request to the learned Presiding Judge of the Bench to take up the matter expeditiously. The matter was thus placed before this Bench on 3.1.2025 on which date learned counsel for the applicants prayed for an adjournment for a week to enable him to prepare the matter for arguments. The following order was passed by this Bench on the said date:-
"1. List revised.
2. Heard Sri Mayank Kumar Jain, Advocate holding brief of Sri Shiv Sagar Singh, learned counsel for the applicants who appears in the present matter as well as in the connected matter and Sri Gyan Prakash, learned Senior Counsel assisted by Sri Sanjay Kumar Yadav, learned counsel for C.B.I. in both the matters.
3. The present application is connected with Application U/S 482 Cr.P.C. No. 11034 of 2024 (Mukul Jain And Another vs. Central Bureau Of Investigation) in compliance of order dated 27.09.2024.
4. Records show that the present
Inherent powers under Section 482 Cr.P.C. cannot be invoked by absconding accused to quash proceedings; non-cooperation in investigation disqualifies them from relief.
The applicant, who concealed facts and filed a false affidavit, and made a mockery of the orders of the lower court by avoiding the process of summon, bailable warrant, non-bailable warrant, and the ....
(1) Anticipatory bail – If anyone is declared as an absconder/proclaimed offender in terms of Section 82 Cr.P.C., he is not entitled to relief of anticipatory bail.(2) Anticipatory bail – When an app....
Sec.438 of Cr.P.C reads as Direction for grant of bail to person apprehending arrest.
The court established that a person cannot be deemed a proclaimed offender without a formal declaration under Section 82(4) CrPC, allowing for the possibility of anticipatory bail.
Supplementary charge sheets can be filed without prior court permission under Section 173(8) CrPC, reinforcing the court's authority and the need for clean hands in seeking judicial relief.
The court emphasized the need for fair and impartial investigation to strengthen the judicial process and highlighted the complementary roles of the police in investigation and the judiciary in trial....
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
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