- (1.) ANTICIPATORY bail application filed by Col (Retd.) Darya Singh, is moved by Sri P.P.N. Roy, learned senior counsel for the petitioner and opposed by Md. Mokhtar Khan, learned Additional P.P. for the C.B.I.
(2.) IN the counter affidavit, it is alleged by the C.B.I. that the ESM company namely M/s Natraj Coal Transport (P) Ltd. has not deployed 75% ESM and vehicles owned by ESM as per terms and conditions mentioned in MOU. Petitioner is one of the ESM, who has been deployed by the aforesaid company for plying vehicle for transportation of coal. It is submitted by learned counsel for the C.B.I. that petitioner is supervising agent of M/s Natraj Coal Tranport (P) Ltd. Learned counsel for the petitioner submits that the Directors of the aforesaid ESM company have been granted anticipatory bail vide order dated 24.02.2011 in A.B.A. No. 3133/2010 with A.B.A. No. 3134/2010 with A.B.A. No. 3157/2010. Admittedly, the case of petitioner appears to be on better footing. Considering the aforesaid facts and circumstances, I allow this application and direct the petitioner to surrender in the court below by 9th of March, 2011 and in the event of his surrender, the learned court below is directed to enlarge him on bail on his furnishing bail bond of Rs. 10,000/(Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, CBI, Dhanbad, in connection with RC 7A of 2009 (D), subject to the condition as laid down under section 438(2) of the Cr.P.C.;