TaxTMI 
TaxTMI 
TaxTMI 
2020 (5) TMI 758
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....ant Accused is innocent and as he has not taken part in the offence as alleged. He has family roots in the society and therefore, he is not likely to flee away from justice. That the coordinate Bench of this Court has granted temporary bail for 10 days. Thereafter he has surrendered before the jail authority. The voice sample of the Applicant was collected in Junagadh case. That the voice sample of the Applicant Accused is not collected for the Ahmedabad case. That the Applicant Accused has shown his willingness for voice sample, the date was fixed for going to FSL Gandhinagar but due to certain reasons, the investigating officer could not come to take the applicant to the FSL. It is further submitted that at present also the Applicant is duty bound and ready and willing to remain present for voice spectography as and when he may be asked. That he will abide by whatever conditions imposed by the Hon'ble Court. He has therefore prayed to grant bail to the Applicant Accused. 4. Learned Public Prosecutor Mr. Mitesh Amin has opposed grant of bail looking to the nature and gravity of offence, involvement of the Applicant / Accused and likelihood of tampering of evidence. He furth....
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....ccused of this matter is going on as per the Cr.P.C. 173(8) for further investigation. And other offences have been found against him during the investigation and the important evidence of those offences and regarding to his other properties is remaining to be found. The bail application of the applicant is liable to be dismissed. ..." 6.1 The Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. Reported in (2012) 1 SCC 40 wherein it is observed as under: "14) In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it can be required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty. From the earliest times, it was appreciated that detention in custody pending completion of trial could be a cause of great ....
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....be released in case of prescribed time limit for filing charge sheet is over. 7. It is also stated in the affidavit of the I.O. in paragraph 8(B) as under: "The accused of this matter having accepted Rs. 18,00,000/- of the Cri. Misc. from the complainant, that amount has been recovered, the seriousness of this offence and there being complete possibilities that he harass / make harass directly or indirectly any way, pressurize or entire linked evidences and complainant witnesses of the investigation of the offence and mislead the investigation or do mischief to the evidence in the matter of investigation. It is humble request to reject the bail application of the accused." 7.1 The Hon'ble Supreme Court in the case of P. Chidambaram v. Central Bureau of Investigation, 2019 SCC OnLine SC 1380 has observed as under: "30. The learned Solicitor General submitted that the statement of witness 'X' who is said to have been approached not to disclose any information regarding the appellant and his son, has been recorded under Section 164 Cr.P.C. in which the said witness 'X' has made the statement that he has been approached. Statement under Section 164 Cr.P.C. ....
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....pplications, but such care and concern though highly desirable and necessary, is not always ordinarily exhibited in all cases, may be.; as stated above because of the very many reasons including pressure of work and paucity of time, adequate staff, etc. etc. This simply is not proper. 7. In the opinion of this Court, every serious offence under I.P.C. or for that purpose under any special Acts wherein the accused prefers the bail application, if the same is not properly opposed and the accused is released on bail, the same ultimately demoralizes not only the police administration, as it also sometimes adversely affects the safety and security of the members of the aggrieved family and overall law and order situation in the society, giving the accused unjustifiable upperhand ! Such an undesirable situation needs to be avoided at once and at any rate by taking special care and effective measures. Thus, the urgency and importance of the comprehensive counter-affidavit while opposing the bail application cannot be ignored or under-estimated. Accordingly, it is highly desirable that the concerned Superintendent of Police and/or for that purpose any other responsible Police Offi....
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....against co-accused or abettor? 17. Whether any private party involved? 18. Whether any family member is involved? 19. Antecedents of the accused and co-accused. 20. Possibility of the applicant to flee from justice. 21. Which stage of investigation is in progress. 22. Likelihood of accused getting involved in the similar offence again. 23. Reasonable apprehension of tampering with witnesses and documents. 24. Apprehension of influencing the investigation. 25. Need of custodial interrogation. 26. Concealment of earlier petition dismissed or withdrawn. 27. Whether any extra-judicial confession or statement made? 28. Whether charge-sheet filed ? 29. Any other facts. (B) Additional Material to be placed on record for opposing bail application for offenses of Trap Cases in the affidavit: 1. Presence of witnesses, if any, to corroborate the complainant / eye witness 2. Initial demand is how made and quantum of such demand. 3 .Immediate demand, when and how made? 4. While raid, when demand is made, whether panch-witness was prese....
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....subject to the following conditions that he shall: (a) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer or tamper with the evidence. (b) maintain law and order and not to indulge in any criminal activities. (c) furnish the documentary proof of complete, correct and present address of his residence to the Investigating Officer and to the Trial Court at the time of executing the bond and shall not change his residence without prior permission of the trial Court. (d) provide his contact numbers, contact numbers of two near relatives as well as the contact numbers of the sureties before the Trial Court. In case of change in such numbers inform in writing immediately to the trial Court. (e) file an affidavit stating his immovable properties whether self acquired or ancestral with description, location and present value of such properties before the Trial Court. (f) not leave his headquarter without prior permission of the trial court, till the further investigation is completed. ....