(1.) Heard Shri Anoop Trivedi, learned Senior Counsel assisted by Shri Atul Gularia, Shri S.M. Faraz and Shri I. Kazmi, learned counsels for the applicant, Shri Gyan Prakash, learned A.S.G.I. assisted by Shri Sanjay Kumar Yadav, learned counsel for the C.B.I. and learned A.G.A. appearing for the State and perused the record.
(2.) This is the second bail application. First bail application of the applicant was rejected vide order dated 6 March 2020 along with connect matter Applicant was enlarged on interim bail by the Jailer of District Jail, Ghaziabad on 28 April 2020 passed pursuant to orders passed by the Bench of Hon'ble the Chief Justice in Public Interest Litigation No. 564 of 2020. The interim bail granted pursuant thereof has been extended from time to time. It is informed that the interim bail granted to the accused persons has been extended until 1 December 2020 due to the pandemic. On being enlarged on interim bail, the applicant filed regular bail application under Section 439 Cr.P.C. which came to be rejected by the coordinate Bench of this Court. The instant bail application has been placed before this Bench on nomination by the Hon'ble the Chief Justice.
(3.) Learned Senior Counsel appearing for the applicant submits that changed circumstances for moving the instant bail application is that during trial the prosecution witnesses of the C.B.I. have been examined, in particular P.W.-3 Amrendra Pratap Singh. P.W.-3 deposed that he is the Manager of Hotel Kapoor Inn, Delhi, since 1995, in the month of January-February 2019, the C.B.I. raided the hotel and arrested the applicant. It is further stated that C.B.I. has also recorded his statement. It is in the backdrop of the statement of P.W.-3, it is urged that the case of the C.B.I. arresting the applicant at Ghaziabad in a trap case, stands demolished by their own witness. As per the trap memo, the applicant was trapped in the early hours on 2 February 2019. After completion of the trap proceeding, applicant was requested to appear for interrogation at the office of C.B.I. at Delhi. After interrogation, the applicant came to be arrested at 22:30 hours as per the assertions made by C.B.I. in the counter affidavit filed in the first bail application. It is urged that the applicant is innocent and has been falsely implicated in the instant case; hence the applicant is entitled to be enlarged on bail; applicant having no other reported criminal antecedent.