The present application under Section 438 of Cr.P.C. has been filed for anticipatory bail in RC No.0062015A0019 under sections 120-B, 420, 468, 471 and U/s 13(2) r/w 13 (1)(d) of Prevention of Corruption Act, P. S. C.B.I./ACB, District Lucknow.
Vide order dated 19.03.2021, learned court below has rejected the application for anticipatory bail of the applicant.
The prosecution story in brief is that in compliance to order dated 31.01.2014 passed by this Hon'ble Court a preliminary inquiry was registered in CBI/ACB to enquire into the gross irregularities in respect of the purchase of various items in respect of District Siddarth Nagar. The applicant on behalf of Director, Bejo Sheetal Seeds Pvt. Limited and in the capacity of Proprietor of M/s Crop Care Centre, Varanasi has submitted a letter in the office of the District Horticulture Officer, Siddarth Nagar seeking supply order of Hybrid Vegetable Seeds mentioning that M/s Crop Care Centre is the sole authorized dealer of Bejo Sheetal Seeds Pvt. Ltd. and in pursuance of this letter theDistrict Horticulture Officer, Siddarth Nagar issued supply order dated 17.11.2019 to M/s Bejo Sheetal Company with endorsement to M/s Crop Care Centre Varanasi. The applicant in the capacity of Proprietor of M/s Crop Care Centre supplied the Vegetable Seeds to Director Horticulture Officer, Siddarth Nagar and submitted the bills for payment of Rs.11,68,700/- and the same was paid after deducting the TDS amount. When it came to the notice that the CBI is conducting the investigation regarding the anomalies and procedure adopted for supply of the seeds, then the officials of the company denied the issuance of the letter of authorization of the firm of the applicant for the supply of the seeds and also denied the rate list quoted by the company to the Horticulture Department. The investigating officer has reached to the conclusion that the alleged letter and rate list were not issued by the company and it is the applicant who has fabricated the said letter and rate list. The Investigating Officer calculated the total loss of Rs.1,50,400/- and filed the charge-sheet against the applicant under section 120-B, 420, 468, 471 and U/s 13(2) r/w 13 (1)(d) of P.C. Act as well as the firm the applicant M/s Crop Care Centre, Varanasi through its proprietor Rajesh Kumar Singh under section 420 IPC.
With this background, learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case and he has no concern with the alleged offence and the investigating officer has saved the skin of M/s Beejo Sheetal Company and his officials. It is submitted that the applicant through his company applied for the work order only on the basis of the rate list quoted by the Bejo Sheetal seeds, which had authorized the company of the applicant to supply seeds to the concerned department. It is submitted that the statement of the applicant was also recorded under section 161 Cr.P.C. but the I.O. has not considered the same, however, the charge-sheet has already been filed on 16.12.2019. Learned counsel for the applicant has also submitted that no case is made out against the applicant under sections 120B, 420, 468, 471 I.P.C.and under section 13(2) read with 13(1) (d) of P.C.Act Learned counsel for the applicant has submitted that the applicant has always cooperated in the investigation and co-accused of the case Sri Brij Bhushan Tripathi has been enlarged on bail in Bail No.1844 of 2019 on 11.03.2019. Therefore, the applicant is entitled for the anticipatory bail. The applicant has no criminal history and the applicant undertakes to cooperate in the trial and not to misuse the liberty of anticipatory bail if granted.
Per contra, Sri Anurag Kumar Singh, learned counsel for the CBI, has opposed the submissions made by the learned counsel for the applicant and submitted that the accused applicant in conspiracy with the co-accused cheated the Government by submitting the forged letter for securing supply order for supply of hybrid vegetable seeds and accordingly the charge-sheet has been filed against the applicant with co accused Vijay Bahadur Maurya. It has also been submitted that since the charge-sheet has already been filed in the case, the applicant may move a regular bail. It is submitted that there are several material against the applicant and thus, the applicant is not entitled for the anticipatory bail and his application may be dismissed.
Heard learned counsel for the parties and perused the record.
In the instant case, the charge-sheet has already been filed after investigation and the court concerned has taken the cognizance. The co-accused of the case Sri Brij Bhushan Tripathi has been enlarged on regular bail in Bail No.1844 of 2019 on 11.03.2019. During the arguments, there is no allegation that the applicant was not cooperating with the investigation and there is no reason of apprehension that he would not co-operate with the trial and the applicant also undertakes that he will appear in trial as and when required and shall abide by the conditions imposed by this Court. The applicant has no previous criminal history.
There is no doubt that the anticipatory bail may be granted when there is material on record to show that prosecution was inherently doubtful or where there is material on record to show that there is a possibility of false implication.
It is also well settled law that while considering the question of grant of anticipatory bail, the Court prima facie has to look into the nature and gravity of the alleged offence and the role of the accused. The Court is also bound down and must look into, while exercising its power to grant bail, the antecedents of the applicant and also the possibility of the applicant fleeing from justice, apart from other factors and parameters in view of the facts of each and every case.
Considering the nature of accusation and having no criminal antecedents and without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case.
Thus, in the event of arrest of the applicant Rajesh Kumar Singh involved in RC No.0062015A0019 under sections 120-B, 420, 468, 471 and U/s 13(2) r/w 13 (1)(d) of Prevention of Corruption Act, P. S. C.B.I./ACB District Lucknow, the applicant shall be released on anticipatory bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
3. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
4. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
6. The computer generated copy of such order shall be self attested by the counsel or the party concerned.
7. 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 view of the aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 12.8.2021 VNP/-