The Allahabad High Court has reprimanded the CBI for not filing its reply despite the last opportunity it had been given over the anticipatory bail application of Yadav Singh, former Chief Engineer of Noida Development Authority.
A single-judge bench of Justice Rahul Chaturvedi passed this order while hearing a Criminal Misc Anticipatory Bail Application U/S 438 filed by Yadav Singh.
The counsel for the applicant submitted that a stay order dated November 23, 2021, was passed directing the CBI counsel to file a counter-affidavit with a rider that no further time would be afforded for the said purpose.
Manish Gupta, Counsel for the applicant, submitted that till date, he has not received any counter-affidavit and pressed his prayer for interim protection.
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The Court said it is not inclined to pass any ex-parte order in favour of the applicant.
“Keeping in view that despite of the stay order, counsel for the CBI has not filed any counter-affidavit till date, the Court is constraint to observed that this is a clear laxity on the part of CBI for not filing any counter-affidavit despite of the directions given by the Court,”
-the judge said.
“Last opportunity is granted to counsel for CBI to file counter-affidavit positively by December 17, 2021. It is made clear that in the event no counter-affidavit would be offered, the Court would presume that CBI has nothing to say in this matter and would pass a suitable order in the case. Two days further time is granted to counsel for the applicant to file rejoinder affidavit,”
-the Court ordered.
The Court has fixed the next hearing of the petition on December 20. Yadav Singh is accused of rigging the construction contract of the stadium and giving it to his close relatives at an inflated cost.
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