(1.) The present bail application has been moved by the petitioner under Section 438 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No. RC0962017A0008 of 2017, dated 15.12.2017, under Sections 167, 193, 195, 347, 389, 384 and 511 IPC with Section 120B IPC and Sections 7, 13(2) and 13(1)(D) of the Prevention of Corruption Act and Section 58 of the ND & PS Act, registered with Police Station CBI, ACB, Shimla, H.P.
(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.
(3.) Police report stands filed. As per the prosecution story, precisely the allegations against the petitioner are that he, through corrupt and illegal means, with the help of police personnel tried to extort Rs. 20,00,000/- from one Shri Ravi Kumar. The petitioner alongwith his accomplices threatened Shri Ravi Kumar and his father that in case they fail to pay Rs. 20,00,000/-, they would be falsely implicated in a case of narcotics. With the above vignette of allegations against the accused CBI (respondent herein) investigated the matter and found that the petitioner is deeply involved in the matter alongwith his accomplices. As per the CBI, in case the petitioner is released on bail, there is possibility that he may influence the witnesses by threatening or inducing them and also try to dissuade the prosecution witnesses from disclosing the facts to CBI. On the above premises, CBI sought dismissal of the bail application of the petitioner.