ASHISH PATHAK Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present application under Sec. 483 read with Ss. 187(3) and 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023['BNSS'] (Sec. 439 read with Ss. 167(2) and 482 of the Code of Criminal Procedure, 1973), ['CrPC'] seeks grant of default regular bail in the proceedings emanating from FIR No. RC-32(S)/2022/SC-III/ND dtd. 9/12/2022 registered at P.S. SC-III/ND, under Sec. 3 of the Official Secret Act, 1923['OS Act'] and Sec. 120-B of the Indian Penal Code, 1860. ['IPC'] The Applicant further seeks setting aside of the order dtd. 19/9/2024 passed by the Special Judge, PC Act, Rouse Avenue Courts, rejecting the Applicant's request for regular bail.

(2.) Briefly stated, the facts leading to the filing of the present petition are as follows:

(3.) Mr. Tushar Agarwal, Counsel for the Applicant, states that the Applicant was arrested on 16/5/2023 and the maximum period for which he could be held in detention, pending investigation, expired on 14/7/2023. He contends that the 1st Chargesheet, dtd. 12/7/2023, filed by the CBI, was incomplete and intended solely to frustrate the Applicant's right to seek statutory default bail under Sec. 167(2) CrPC. In support of this contention, Mr. Agarwal makes the following submissions: