Ramesh Chandra Yadav vs State Of U.P. And Another on 24 May, 2023

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Allahabad High Court

Ramesh Chandra Yadav vs State Of U.P. And Another on 24 May, 2023

2. Heard Sri Shiv Sagar Singh, learned counsel for the applicant, Sri Sunil Kumar Mishra, learned counsel for the opposite party no.2 and Sri B.B. Upadhyay, learned counsel for the State and perused the record.

3. The matter was initially taken up on 19.05.2023 and the following order was passed by this Court:-

"1. List revised.

2. Sri Shiv Sagar Singh, learned counsel for the applicant and Sri Raj Kumar Gupta, learned counsel for the State are present.

3. Sri Sunil Kumar Mishra, Advocate appears and submits that he shall be filing his vakalatnama on behalf of opposite party no.2 and as such the matter be adjourned for a day to enable him to prepare the matter also.

4. Prayer is allowed.

5. Put up on 22.05.2023."

4. Subsequently the matter was taken up on 22.05.2023 and the following order was passed by this Court:-

"1. List revised.

2. Sri Sunil Kumar Mishra, Advocate filed is vakalatnama on behalf of opposite party no.2 in Court today which is taken on record.

3. Sri Shiv Sagar Singh, learned counsel for the applicant, Sri Sunil Kumar Mishra, learned counsel for the opposite party no.2 and Sri Ankit Srivastava, learned brief-holder for the State are present.

4. Connect with Transfer Application (Criminal) No.260 of 2023 (Gulveer Vs. State of U.P. and 7 others and place the matter before Hon'ble The Chief Justice for nominating a Bench to hear the matter.

5. Let matter be placed before the appropriate Bench, if possible, on 24.05.2023 showing the name of Sri Sunil Kumar Mishra as learned counsel for the opposite party no.2."

5. Vide order dated 23.05.2023 this matter has been nominated to this Bench by Hon'ble The Chief Justice. The present application under Section 482 Cr.P.C. has been filed by the applicant Ramesh Chandra Yadav with the following prayers:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to direct the court below consider and decide anticipatory bail application before the court below bearing bail no. 966 of 2023 (CRN No. 1196/2023) in Case Crime No. 946 of 2022 under Section 420, 447, 467, 468, 471 and 120-B IPC P.S. Kankarkheda, District Meerut pending before Special Judge, Prevention of Corruption Act, Meerut or in alternative the Court may restrain the Respondents not to arrest the applicant till disposal of the anticipatory application before the trial court; otherwise the applicants shall suffer irreparable loss and injury and/or pass such other and further orders which this Hon'ble Court may deem fit and proper in the circumstances of the case."

6. The facts in brief of the case are that the applicant is wanted in a case being Case Crime No. 946 of 2022, under Section 420, 447, 467, 468, 471 and 120-B IPC P.S. Kankarkheda, District Meerut and has filed criminal misc. anticipatory bail application U/s 438 Cr.P.C. for anticipatory bail before the concerned Sessions Judge with the prayer to release him on anticipatory bail during the pendency of trial. The said application was registered before the concerned court on 04.02.2023 and was allotted Computer Registration No. 1196 of 2023, CNR No. UPME 0100 2564/2023, it has remained pending since then for disposal. An interim anticipatory bail application dated 24.04.2023 was also filed. On 24.04.2023 the interim anticipatory bail application of the applicant was taken up by the court concerned and the same was rejected as a transfer application was pending before this Court. The complainant and the prosecution were directed to produce the order passed by this Court in the transfer application.

7. In substance, the facts were that the application dated 24.04.2023 for grant of interim anticipatory bail application of the applicant was rejected and the hearing of the anticipatory bail application was adjourned. Before this Court, a Transfer Application (Criminal) No. 260 of 2023 (Gulveer Vs. State of U.P. and 7 others) has been filed which is pending with the prayer to transfer the proceedings of the case (arising out of the said case crime number) to another court out of District Meerut to competent jurisdiction. The said transfer application was connected with an Application U/s 482 Cr.P.C. No. 12865 of 2023 (Akhilesh Goel Vs. State of U.P. and another). Both the petitions came up before this Court for hearing on 02.05.2023 and an order was passed directing the bail application of the applicant in the 482 Cr.P.C. petition namely Akhilesh Goel whose bail application under Section 439 Cr.P.C. was pending since 01.03.2023 before the trial court, to be heard and decided by the senior most Additional District Judge of the District Meerut. It was further directed that the same shall be decided within a period of 10 days positively without granting undue adjournment to either of the parties. The said order is quoted hereinbelow:

"1. These are two applications one being Application under Section 482 Cr.P.C. and the other being Transfer Application under Section 407 Cr.P.C.

2. The application under Section 482 Cr.P.C. has been filed by the applicant Akhilesh Goel before this Court with the following prayers:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly pleased to allow the present Criminal Misc. Application and direct the learned Additional District and Session Judge, Court No. 7, Meerut/learned Court below to dispose of the Bail Application No. 1644 of 2023 (Akhilesh Goel vs. State of U.P.) of the applicant expeditiously i.e. on the next date fixed before him without granting any adjournment to the Complainant/Opposite Party No. 2 arising out of Case Crime No. 946 of 2022, under Section 447, 420, 467, 468, 471, 120B I.P.C., P.S.- Kankarkhera, District Meerut otherwise applicant will suffer with irreparable loss and injury.

And/or be pleased to pass such other and further order which this Hon'ble Court may deem fit and consider proper under the facts and circumstances of the case."

3. The transfer application under Section 407 Cr.P.C. has been filed by the applicant Gulveer with the following prayers:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this transfer application and be pleased to transfer the proceedings of Case(s) arising from Case Crime No. 946 of 2022, U/s 420 447, 467, 468, 471, 120B I.P.C., P.S.- Kankarkhera, District Meerut to any other court out of district Meerut of competent jurisdiction and be pleased to get the hearing of the cases arising out of the Case Crime No. 946 of 2022, U/s 420 447, 467, 468, 471, 120B I.P.C., P.S.- Kankarkhera, District Meerut, in the supervision of this Hon. High Court, so that the case may be heard on merits and justice may be done.

It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of the cases arising from case crime no. 946 of 2022, U/s 420 447, 467, 468, 471, 120B I.P.C., P.S.- Kankarkhera, District Meerut pending in Sessions Court, Meerut including the bail applications of Akhilesh Goyal, Ramesh Chand Yadav and Ashok, during the pendency of the present transfer application so that justice may be done, otherwise the applicant shall suffer irreparable loss and injury."

4. In the transfer application under Section 407 Cr.P.C. a Supplementary Affidavit dated 02.5.2023 has been filed today in Court which is taken on record.

5. Learned counsel for the opposite party no. 3 and learned State counsel state that they do not intend to file any response either to the main petition or to the supplementary affidavits one which has been filed yesterday and the other which has been filed today.

6. Sri Sunil Kumar Mishra, Advocate, has filed his vakalatnama on behalf of the opposite party no. 2 in the application under Section 482 Cr.P.C. today in Court which is also taken on record.

7. These matters have been nominated to this Bench vide order dated 24.4.2023 passed by Hon'ble The Chief Justice. This Court thus takes up both the matters for hearing.

8. Heard Sri Sunil Kumar Mishra, learned counsel for the applicant, Sri Imran Ullah and Sri Gaurang Dwivedi, learned counsels for the opposite party no. 3 and Sri Sanjay Kumar Singh along with Sri U.P. Singh, learned A.G.As. for the State of U.P. in Transfer Application No. 260 of 2023.

9. Heard Sri Imran Ullah and Sri Gaurang Dwivedi, learned counsels for the applicant, Sri Sunil Kumar Mishra, learned counsel for the opposite party no. 2 and Sri Sanjay Kumar Singh along with Sri U.P. Singh, learned A.G.As. for the State of U.P. in Application U/S 482 No. 12865 of 2023.

10. The transfer application has been filed before this Court with the prayer to transfer the proceedings of cases arising from Case Crime No. 946 of 2022, U/s 420, 447, 467, 468, 471, 120B I.P.C., P.S.- Kankarkhera, District Meerut, from District Meerut to any other court out of Meerut having competent jurisdiction for hearing of the cases arising out of said case under supervision of this Court.

11. At the very outset, the Court required to ascertain as to what proceedings are pending before the court concerned at district Meerut to which learned counsel for the applicant placed para-2 of the supplementary affidavit dated 2.5.2023 and submitted that the accused Sachin and Naresh opposite party no. 4 and 8 have been released on bail vide order dated 27.2.2023 passed by the court of Additional District Judge-7, Meerut. The anticipatory bail application of the accused Ramesh Chandra and Ashok, the opposite party nos. 2 and 7 is pending consideration before the Additional District Judge-7, Meerut and the regular bail application of the accused Akhilesh Goyal is also pending before the same court.

12. It is submitted by learned counsel for the applicant that in so far as the merits of the matter are concerned, Anticipatory Bail Application No. 732 of 2023, Ashok Kumar vs. State, Bail Application No. 721 of 2023, Sachin vs. State and Bail Application No. 516 of 2023, Naresh Kumar Yadav vs. State of U.P., were heard by the District Judge concerned on 4.2.2023 and orders were reserved. Subsequently the District Judge concerned sent a letter to S.S.P., Meerut dated 4.2.2023, copy of which is annexure no. 7 to the affidavit in support of transfer application, stating therein that after the orders were reserved he asked In-charge DGC(Criminal) to clarify certain things on which he asked for time and 6.2.2023 was fixed. Thereafter at about 05:55 PM one person namely Devendra Singh sent a slip to meet him disclosing himself to be an officer from Intelligence Department. He was allowed to visit the Chamber and met the officer concerned. He was asked about his identity card which he could not produce. He further showed a Whatsapp Group on his mobile phone in which he showed various communications to show his credentials in order to show his identity. He disclosed to the concerned officer that someone from his staff has taken bribe of Rs.2 crore in this matter and there are a lot of rumors in the area about it. Name of the staff was asked to be disclosed but he responded that he shall disclose the same on Monday. He further told the officer concerned to either reject the bail application or transfer it to some other court. Letter further states that the matter is serious in nature and some person from the Intelligence Department is trying to influence the order of the court unofficially. The matter requires thorough investigation and even investigation is needed to know the credentials of the said officer and under whose instructions he came to the Chamber of the concerned officer. It was further stated that if no satisfactory reply is received the matter may be referred to the High Court. Learned counsel submits that looking to the said letter decision in the cases pending in the court concerned do not inspire confidence and as such they need to be transfered to some other court outside district Meerut.

13. While opposing the prayer for transfer, learned counsel for the opposite party no.3 submits that the allegations are totally vague. The letter does not in any manner stand to give anything credible. The events as mentioned in the said letter are totally vague and should not be given any credence. It is submitted that on the pretext of transfer of case initially within the court from one court to another court and then from district Meerut to any other district, the bail application of the opposite party no. 3 Akhilesh Goyal has remained pending since 1.3.2023 being Bail Application No. 1644 of 2023, Akhilesh Goyal vs. State of U.P. It is submitted that as of now as many as 17 dates have been fixed in the bail application but the same has not been decided till date. It is submitted that appropriate orders be passed for expeditious disposal of the bail application of accused Akhilesh Goyal for which 482 Cr.P.C. is connected with the present transfer application.

14. In so far as the petition under Section 482 Cr.P.C. is concerned the argument of learned counsel is for a direction for expeditious disposal of his bail application preferably on the next date fixed without granting any adjournment to the complainant/opposite party no. 2.

15. Learned counsel appearing for the opposite party no. 2 in the 482 Cr.P.C. petition fairly concedes that decision on a bail application of an accused expeditiously is needed and is necessary and it is law of land. It is submitted that dates in the bail application were fixed only because of exceptional reasons as have been enumerated in the transfer application which were without any other intention or motive. He fairly submits that a direction for expeditious disposal of bail application within specific period of time cannot be objected and cannot be opposed.

16. Learned counsel for the State has also been heard in the transfer application and 482 Cr.P.C. petition, who have also adopted the arguments of learned counsels for the respondents in the respective petitions.

17. In so far as the application under Section 407 Cr.P.C. is concerned even two anticipatory bail application of the opposite party nos. 2 and 7 are pending consideration before the court concerned at Meerut. The bail application of the accused Akhilesh Goyal is pending before the concerned court. Akhilesh Goyal has filed the application under Section 482 Cr.P.C. seeking direction for expeditious disposal of his bail application. He is duly represented by his counsel in the 482 Cr.P.C. petition and even in the transfer application under Section 407 Cr.P.C.

18. In view of what has been argued and looking to the facts of the case, since at this stage there are only versions and counter versions without any concrete basis, this Court refrains from giving any finding on it and even commenting on it but to maintain the sanctity of proceedings of court and also taking into consideration that a bail application u/s 439 Cr.P.C. of accused Akhilesh Goyal is pending since 1.3.2023 before the trial court, it is provided in Transfer Application No. 260 of 2023, that the bail application of the opposite party no. 3 Akhilesh Goyal which is pending before the Additional District Judge-7, Meerut, is directed to be transferred and be heard by the senior most Additional District Judge of the district of Meerut. In so far as the direction for expeditious disposal of the bail application is concerned, the same is directed to be decided within 10 days positively without granting any undue adjournment to either of the parties.

19. In so far as the prayer for transfer of other cases is concerned, let the notices be issued to the opposite party no. 2, 4, 5, 6, 7 and 8.

20. The present application under Section 482 Cr.P.C. No. - 12865 of 2023 stands disposed of with the aforesaid directions.

21. The transfer application be listed on 10.07.2023 along with office report regarding service of notice."

8. Learned counsel for the applicant submits that the interim anticipatory bail application dated 24.04.2023 of the applicant has been rejected and the hearing of the anticipatory bail application of the applicant is pending since 04.02.2023. It is argued that the pendency of the said anticipatory bail application is without any justifiable reason. It is submitted that appropriate directions be passed for expeditious disposal of the anticipatory bail application preferably on the next date without granting undue adjournment to either of the parties.

9. Learned counsel for the opposite party no.2 again with all fairness at his command concedes to the said prayer of learned counsel for the applicant and submits that the anticipatory bail application of the applicant needs to be decided at the earliest and as such the matter be directed to be decided at the earliest. He submits that an order for expeditious disposal of the anticipatory bail application cannot be objected to and is not being objected to by him. This is in his fairness during arguments.

10. Learned counsel for the State has also been heard who also adopts the arguments of learned counsel for the opposite party no.2.

11. In view of the facts of the matter since the anticipatory bail application of the applicant is pending before the concerned court, it is directed that the same be transferred and be heard by the senior most Additional District Judge of the District Meerut. It is further directed that the said court shall take up the matter expeditiously and make an endeavour to decide the same within two weeks positively. It is further directed that if any fresh interim anticipatory bail application is filed, the same shall also be considered by the said court ignoring the fact of pendency of a transfer application before this Court.

12. The present petition thus stands allowed.

Order Date :- 24.5.2023 M. ARIF (Samit Gopal, J.)

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Allahabad High Court