Rajni Yadav vs C.B.I.

J.K. Maheshwari, J.—Both the parties are heard. This is first application filed by the applicant u/s 438 of the Criminal Procedure Code for grant of anticipatory bail. The applicant is apprehending her arrest in connection with Crime No. 26/2012 (RC 0082111A005) registered under Sections 120-B, 420, 467 and 471 of the Indian Penal Code & Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, at Police Station CBI, ACB, Bhopal.

Learned counsel appearing on behalf the applicant contends that the present applicant is the borrower regarding cash credit loan and the entire amount has already been deposited. The matter regarding misappropriation has been mitigated now. The applicant being lady and she is not required for interrogation, because it is a matter of documentary evidence, which is already in possession of the CBI and the challan has already been filed. There is no apprehension that the applicant shall flee or tamper with the prosecution evidence. The applicant is ready to cooperate with the CBI, as and when required. However, in such circumstances, prayer is made by the learned counsel for the applicant to enlarge the applicant on anticipatory bail.

On the other hand, Shri Vivek Sharan, learned Assistant Solicitor General appearing on behalf of the respondent/CBI opposes the grant of anticipatory bail.

After having heard learned counsel appearing for the parties and on perusal of the observations made in the charge-sheet and the documents produced relating to grant of such loan, without expressing any opinion on merits of the case, I am of the view that applicant Smt. Rajni Yadav w/o Kailashchandra Yadav is entitled to be enlarged on anticipatory bail.

Therefore, the application is allowed and it is directed that in the event of arrest, applicant Smt. Rajni Yadav w/o Kailashchandra Yadav be released on bail upon her furnishing a personal bond in the sum of Rs. 1,00,000/- (rupees one lakh) with one surety in the like amount to the satisfaction of the Arresting Officer, subject to the condition that she shall cooperate with the investigation, which is to be made by the Investigating Agency and also subject to abiding the conditions enumerated u/s 438(2) of Cr.P.C. C.C. as per rules.