DILESH KUMAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) In relation to FIR No. RC0962012S0007 dated 6.6.2012 under Sections 120-B, 420, 467, 468 and 201 IPC registered at Police Station, CBI, Shimla, petitioner has filed the instant application under the provisions of Section 439 Cr.PC for grant of regular bail.

(2.) It is urged by Sh. Hamender Chandel, learned counsel for the petitioner that (i) since the main accused and beneficiary, namely, Shri Rajesh Thakur, already stands released on bail by this Court, a vested right has accrued in favour of the present petitioner. (ii) No monetary transaction took place between any of the parties, more particularly with respect to the bank account opened by the petitioner in the year 2008. It being a different matter that in the said account, more than Rs. 17 lacs was found deposited at the time of registration of the FIR. (iii) Petitioner is self respecting, law abiding educated person, in fact running an educational institution in Bihar, hence not likely to flee from the jurisdiction of this Court. (iv) Charges stand framed and statement of the complainant already recorded by the trial Court, as such, no prejudice would be caused to any one, much less the prosecution, if the accused is enlarged on bail.

(3.) It is a settled principle of law that bail and not jail is the right of any accused. However, each case has to be considered, on the given facts and the material so produced by the prosecution/parties in relation to the offence, allegedly committed by the accused. Gravity of the offence, role ascribed to the accused and possibility of his abusing the liberty, inter alia, are all important and relevant factor(s) while deciding any application for regular bail.