RANA KAPOOR Vs. DIRECTORATE OF ENFORCEMEN

JUDGEMENT

(1.) The present bail application is filed under sec. 439 of the Code of Criminal Procedure, 1973 (herein after referred to as "the Code") seeking bail in C.C.no. ECIR/11/HIU/2021 dtd. 15/6/2021 titled Directorate of Enforcement V Gautam Thapar and others pending in the court of Special Judge (PC Act, CBI-02), Rouse Avenue District Court, New Delhi.

(2.) CBI registered FIR bearing RC No.2232021A0005 under Sec. 120B and 406, 420, 468, 471 IPC at P.S AC-V, Delhi on basis of complaint received from Ashish Vinod Joshi, Chief Vigilance Officer, Yes Bank Limited against M/s Oyster Build well Private Limited and its holding company M/s Avantha Reality Limited, its Directors/Promoters namely Raghubir Kumar Sharma, Shri Rajendra Kumar Mangal, Shri Tapsi Mahajan and Gautam Thapar and unknown officials of M/s Jhabua Power Investment Limited, unknown known officials of Power Power Limited, unknown officials of M/s Avantha Holdings Ltd., unknown officials of M/s Avantha Power and Infrastructure Ltd. and unknown bank officials.

(3.) The applicant on 9/11/2021 filed an application for grant of bail under sec. 439 of the Code read with Sec. 45, 46(1) and 65 PMLA. The applicant in bail application pleaded that he was not arrested during investigation and was available during investigation and has extended full cooperation in investigation besides other grounds. The respondent filed reply to bail application. The respondent also filed additional reply whereby objected to grant of bail on the basis that since the applicant had not "physically surrendered" to the Trial Court and as such applicant was not entitled to file bail application. It is reflecting from order dtd. 20/11/2021 passed by the court of Sh. Sanjeev Aggarwal, Special Judge (PC Act) CBI-02, Rouse Avenue Courts that the respondent pleaded for first production of the applicant to be considered "in the custody of the Court" and the applicant has to be produced in physical form due to reason that application was filed under sec. 439 of the Code. The applicant was produced before the trial court on 4/1/2022.