(1.) THIS is a petition under Section 439 read with Section 436A of Cr.P.C. for grant of bail in respect of FIR no.RC1(S) 98/STF/CBI registered by P.S. CBI/STF Delhi in respect of which trial is pending before Sh.K.S.Mohi, ASJ-3, Saket, New Delhi.
(2.) BRIEFLY stated the facts of the case are that a Helicopter Model Bell 47 G5-VT EAP belonging to M/s Pushak Aviation Pvt. Ltd. having its office at Mumbai was transferred in the name of Sh.H.Suresh Rao on 19.9.94. He got the helicopter made air-worthy and was leasing it on hire for various purposes including spray on the fields, electioneering, etc.
(3.) THE petitioner was contesting the election for Member of Parliament from Phoolpur constituency, UP in the year 1996 and he intended to hire helicopter from Sh.H.Suresh Rao for election purposes. MOU dated 27.3.1996 was entered into, which was signed by Mr.Harish Mishra, brother of the petitioner on behalf of M/s Reliance Developers and Investors. The MOU was ante-dated as 24.2.1996. The reason for ante-dated MOU as alleged by the prosecution was to avoid the objection of the Election Commission regarding the limit of election expenses borne by the petitioner. It is alleged that the petitioner,<APL> Romesh Sharma </APL>on various occasions paid an amount of Rs.12 lacs to Sh.H.Suresh Rao as hiring charges. Since certain amount was still outstanding H.Suresh Rao along with two of his Advocates i.e. Mr.R.A.Shah and Mr.Rakesh Gupta is alleged to have visited the house of the petitioner on 5.6.1996 where he was allegedly forced to sign the documents regarding transfer of helicopter in favour of Romesh Sharma under threat and duress.