Decided on April 24,2020

Hilal Rather Appellant
UNION OF INDIA Respondents


Puneet Gupta,J. - (1.)The application for grant of bail has been filed on behalf of the accused Hilal Rather on medical grounds in F.I.R bearing No. RC0042020A0002 dated 04.03.2020 under Sections 120-B, 409, 420 and 471 of the Ranbir Penal Code and under Sections 5(1)(d) read with Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act. FIR No. 13/2019 dated 27.06.2019 was lodged with Police Station, Anti-Corruption, Jammu against the accused and later on the case was taken over by the CBI. The challan has since been produced before the Special Judge, Anti-Corruption (CBI Cases), Jammu. It is submitted in the application that due to medical condition of the accused and in view of the directions passed by the Hon'ble Supreme Court in the light of outbreak of COVID-19 the accused is entitled to interim bail. The application also refers to the medical record of the treatment received by the accused in Government Medical College, Jammu and at P.G.I. Chandigarh in pursuance to the directions passed by the High Court in earlier bail application.
(2.)The objections to the application have been filed by the respondent wherein the application of the accused has been opposed on the ground that the accused has misappropriated the loan amount and utilized the same for his personal use. The investigation in the case is still going on to unearth the larger conspiracy involved in the matter. The accused has been provided adequate treatment at Government Medical College, Jammu and P.G.I. Chandigarh while in Judicial Custody by the Jail Authorities. It is further stated that there is nothing on record to suggest that the condition of Jail is not clean and hygienic or that adequate measures are not taken by the Jail Authorities to prevent the spread of COVID-19. The Special Judge has rejected the interim bail application of the accused vide Order dated 31.03.2020. The condition of the accused is stable and does not require any special treatment as per the record. It is submitted that the Medical Report of P.G.I, Chandigarh appears to be manipulated one and this fact has been observed by the trial Court in its order dated 31.03.2020. The case of the accused does not fall within the directions of the Hon'ble Supreme Court so as to entitle him for bail. The accused can tamper with the evidence if released on bail as he is highly influential is also stated in the objections. Indeed the prayer is for dismissal of the application in hand.
(3.)Heard learned counsel for the parties and perused the record.

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