Anticipatory bail for disproportionate assets case
Querist :
Anonymous
(Querist) 23 December 2017
This query is : Resolved
Dear Sir I am a central government employee. We have a very problematic neighbor who keeps fighting with all the neighbors. This neighbor has complained to CBI that I have disproportionate assets. Based on her complaint and pressure from her, they have taken up the case and filed an FIR on me during october 2016. After filing FIR, they have searched our house where nothing was found. After search is completed, they have asked for some documents asking for sources of income, expenditure etc. All the details are submitted during Jan 2017. The investigation is in completion stage. At this stage, I have decided to resign from my job. My resignation has also been accepted by our authority. After resignation, I will no longer be a government employee, but a private person. Is it required at this stage to take anticipatory bail..? As on date the case is still in investigation phase. I am almost certain the case to be closed as there are no disproportionate assets as complained.
Vijay Raj Mahajan
(Expert) 23 December 2017
Even though you have resigned from government job your responsibility and acts done during your tenure as government employee cannot be ignored or avoided and if you are found involved in the complained offence you face prosecution and punishment too.
You can seek anticipatory bail from the Session Court/High Court if FIR is already registered against you but if no FIR registered you can wait for result of the investigation report of the CBI and FIR to be registered by it.
Querist :
Anonymous
(Querist) 23 December 2017
Dear Sir
FIR is filed during October 2016, based on which investigation started. Charge sheet is not filed.
Should I be taking anticipatory bail?
Vijay Raj Mahajan
(Expert) 23 December 2017
Yes you move application for anticipatory bail with help of copy of the FIR.
Guest
(Expert) 23 December 2017
Well advised by Expert/Advocate MrVijay Raj Mahajan
Sudhir Kumar, Advocate
(Expert) 24 December 2017
Fully agreed with Mr Mahajan.
It is surprise how your resignation is accepted.
Guest
(Expert) 24 December 2017
Although, based on your vague description you have been advised appropriately by Shri Vijay Raj Mahajan, but your story about CBI investigation is quite unconvincing. CBI does not take up cases if any tom, dick or harry sends complaint to them without any sufficient solid proof. CBI shoudl not also be expected to have been staffed with merely idiots, who do not analyse a complqaint before they take up that for investigation.
However, if found guilty of committing an offense during your service period, you may or may not resign or may even flee to some unknown place, the case against you will not be dropped. Further, forget about AB, if found guilty of the offense worth trial in the CBI court. Even if you believe that the case may not be but if the CBI has asked for detail of transactions or some documents asking for sources of income, expenditure etc., even then you should be ready for a major penalty charge sheet for some case prepared by the CBI and remitted to the department for departmental inquiry even after your resignation from your post. Only in that case you may not be required to take any bail.
