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VIVEK RUSIA
Shobha Chandak – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Vivek Rusia, J.
Heard with the help of charge-sheet (Challan).
1. This is the first application filed under Section 438 Cr.P.C. seeking anticipatory bail by the applicant who is apprehending arrest in Crime No. RC0082018A0018/2018 registered at Police Station- C.B.I. District Bhopal concerning offences punishable under 120-B read with Section 420 and 471 of I.P.C. and Section 13 (2) read with Section 13(1) (d) of Prevention of Corruption Act, 1988.
2. As per the prosecution story, the CBI ACB Bhopal has registered case No. RC0082018A0018 on 16.01.2018 under Section 120-B R/w Section 420, 467, 468, 471 of I.P.C. and Section 13(2) R/2 13(1) (d) of Prevention of Corruption Act, 1988 against (i) Dinesh Kumar (A-1), Chief Manager, PNB, Kanthal Branch Ujjain, (ii) Smt. Rakhi Prajapati (A-2), W/o Arpan Prajapti, Director of M/s. Varchas Coal & Minerals India Private Limited, Office Address: G-1, E-2/266, Arera Colony, Bhopal Business Address: Opposite Crompton Greaves, New Industrial Area, Main Road, Mandideep, (iii) Shri Abhijeet Singh (A-3), Director of Varchas Coal and Minerals India Private Limited), (iv) Shri Sanajy Gigam (A-4), Empanelled and approved Valuer, (v) Arpan Prajap
The main legal point established is that anticipatory bail may be granted in exceptional cases where the person accused of an offence is not likely to misuse their liberty, as supported by the provis....
Misuse of the process of the court and forum shopping can be considered in the decision to grant anticipatory bail.
Grant of anticipatory bail based on the absence of material against the applicant and imposition of specific conditions for the grant of bail.
Cheating - Anticipatory bail rejected - Applicants had obtained huge amount of loan from PNB Housing Finance Limited by preparing forged signature of complainant as manufactured documents such as Dec....
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
The seriousness of economic offences, the impact on society, and the larger interest of the public and State are important considerations in deciding on anticipatory bail applications in cases involv....
Point of Law : Bail - Power under Section 438 CrPC is an extraordinary power and the same has to be exercised sparingly. The privilege of the pre arrest bail should be granted only in exceptional cas....
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