Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10749 of 2021 Applicant :- Avdesh Kumar Opposite Party :- Union Of India And 4 Others Counsel for Applicant :- Sasmita Srivastava Counsel for Opposite Party :- A.S.G.I.,Sanjay Kumar Yadav
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard Sri Amit Saxena, learned Senior Advocate assisted by Sri Pankaj Srivastava, holding brief of Ms. Sasmita Srivastava for the applicant, Sri Gyan Prakash, learned Senior Advocate assisted by Sri S.K. Yadav for CBI through video conferencing.
The instant anticipatory bail application has been filed on behalf of the applicant Avdesh Kumar with a prayer to release him on bail in Case No.1 of 2021 (C.B.I. vs. M/s. Samparsh Food Limited and others) under section 120-B r/w 420 & substantive offence u/s 420 I.P.C., Police Station C.B.I. EO- II/New Delhi arising out of R.C. No. RC2202019E0004/2019 under section 420 I.P.C., 120 r/w 420 I.P.C., Police Station C.B.I. EOU-IV/EO-II, New Delhi.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required.
There is allegation against the accused persons in the FIR that they have siphoned off the amount of loan taken from the bank and their accounts have turned into Non Performing Assets (NPA). Chargesheet has been submitted by the CBI before the Special Court and cognizance and summoning orders have been passed.
Learned Senior Counsel for the applicant has submitted that the applicant has been falsely implicated in this case. He was only a data entry operator in the company of the co-accused and he had no role in the alleged misappropriation of the loan amount. He was neither the Director nor any higher officer in the company in dispute. He has been illegally chargesheeted in the present case.
Learned Senior Counsel for CBI has vehemently opposed this application and submitted that the applicant opened various shell firms for the purpose of diversion and siphoning off the funds of the company in the name of different persons working in Sadar/Naya Bazar, Delhi along with co-accused Saurabh Srivastava. On the basis of the accounts in the name of various fictitious firms opened in the name of different persons by the applicant, fictitious turn-over of the company was shown. He has submitted that the role of the applicant under section 120-B/420 I.P.C. is fully clear out from the chargesheet submitted by the Investigating Officer and, therefore, this application may be rejected.
After hearing counsel for the parties, it is clear that there are allegations of commission of economic offence against the applicant.
Having heard learned counsel for the parties and upon perusal of material brought on record as well as present situation of irregular working of Courts on account of spread of novel corona virus and also consequent threat to accused in surrender and subjection to normal process of bail, he deserves to be enlarged on anticipatory bail for a period of 90 days on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station/ concerned Court, subject to the following conditions :-
(i) The applicant shall make himself available for interrogation by the police officer as and when required;
(ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police officer;
(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In default of any of the conditions, the Investigating Officer/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress, who shall ensure the compliance of present order.
Order Date :- 28.5.2021/Madhurima