Allahabad High Court
Amit Prakash vs C.B.I.,A.C.B., Lko & Another on 10 June, 2021
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- BAIL No. - 4456 of 2020 Applicant :- Amit Prakash Opposite Party :- C.B.I.,A.C.B., Lko & Another Counsel for Applicant :- Ishan Baghel,Mohd. Khalid,Ram Dutt Tripathi Counsel for Opposite Party :- Govt. Advocate,A.S.G. Hon'ble Rajeev Singh,J.
The Court convened through video conferencing.
Heard Sri I.B. Singh, learned Senior Advocate assisted by Sri Ishan Baghel appearing for the applicant, Sri Anurag Kumar Singh, learned counsel appearing for the CBI and perused the record.
The present bail application has been filed on behalf of the applicant in FIR No.540 of 2019, under Sections 409, 420, 467, 468, 471, 120 B I.P.C. and Section 13 (2) of Prevention of Corruption Act, 1988, Police Station-Hazratganj, District-Lucknow with the prayer to enlarge him on bail.
As per the prosecution case, on the written complaint of I.M. Kausal, FIR No.540 of 2019, under Sections 409, 420, 467, 468, 471, 120-B I.P.C. and Section 13 (2) of Prevention of Corruption Act, 1988, Police Station Hazratganj, District Lucknow was lodged on 02.11.2019 with the allegation that in violation of the notification issued by the Finance Ministry, Government of India dated 02.11.2019, read with notification dated 14.08.2008, Praveen Kumar Gupta, the then Secretary of the Trust and Sudhanshu Dwivedi, the then Director (Finance) UPPCL and A.P. Mishra, the then Managing Director decided to invest the money of the Trust in DHFL knowingly the fact that it does not comes into the category of schedule commercial bank, as it was the private organization and as per the record, the amount of Rs.2631.20 crores was invested in DHFL out of which the amount of Rs. 1185.50 crores was returned to the trust and balance is Rs.1445.70 crores. He further submitted that after lodging the FIR, the matter was transferred to Economic Offences Wing (hereinafter referred as 'EOW') for investigation and during the course of investigation, the applicant gave his full cooperation in the investigation and thereafter, charge-sheet was filed on 02.03.2020 by EOW in the Court of Special Judge, PC Act, Lucknow against seven accused persons.
Learned counsel for the applicant has submitted that on 05.03.2020, the C.B.I. registered the FIR of the aforesaid matter bearing FIR No.RC0062020A0005, under Sections 409, 420, 467, 468, 471 I.P.C, Police Station CBI,ACB, Lucknow on the request of State Government for further investigation.
The submission of learned counsel for the applicant is that the applicant was working as Area Sales Manager in Dewan Housing Finance Corporation Limited (hereinafter referred as 'DHFL') and he was the lowest employee in the hierarchy in the Sales department of DHFL. In the job description of Regional Sales Manager/Area Sales Manager of DHFL was not authorized himself to initiate or process or receive or make payment any kind of FD or Deposits, all were being done by Head Office at Mumbai only and his job was only to acquire new clients within Region/Zone.
As the bail application was filed by the applicant on the ground that no alleged offence is made out against him and there is no any evidence collected by the EOW during the course of investigation. He further submitted that on 05.08.2020, the C.B.I. was directed to file a detailed affidavit indicating therein the evidence related to the alleged offence against the applicant, the said direction dated 05.08.2020 was given by this Court which reads as under:-
"(i) The procedure for empanelment of brokers in DHFL and whether there is any statutory rule, which governs the field of empanelment and registration of brokers in Companies. The rules related to empanelment be placed on record.
(ii) Whether prima facie it appears that some amount has been received by the applicant as brokerage in transaction in issue?
(iii) Whether there is any proof which prima facie proves that 14 firms were registered by the applicant, as alleged in paragraph 17 of counter affidavit and in the decision making process, with regard to investment in issue, the applicant was also involved.
(iv) The reply of the issue raised by this Court in the order dated 10.07.2020 shall also be made part of the affidavit."
In this regard, counter affidavit was filed by the C.B.I. and admitted that the applicant received twelve application forms for broker empanelment those were forwarded to head quarter at Mumbai for registration. He further submitted that no any amount in relation to the brokerage etc. was transferred in the account of applicant and in the counter affidavit, it is also mentioned that applicant was in touch with Abhinav Gupta and in between them telephonic conversation were found which establishes the involvement of accused/applicant in the conspiracy of offence. He further submitted that co-accused Abhinav Gupta has been granted bail by the Hon'ble Supreme Court on 04.06.2021 in Special Leave to Appeal (Crl.) No.3110 of 2021, therefore, applicant is also entitled for bail. He further submitted that till today C.B.I. has not completed the investigation and the trial is not going on, on the basis of charge-sheet filed by the EOW, as the applicant cooperated in the investigation of the EOW, in these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Sri Anurag Kumar Singh, learned counsel for the C.B.I. opposes the prayer of applicant and submitted that the applicant was the Manager of DHFL and he forwarded the application forms of twelve broker firm for empanelment to the head quarter. He further submitted that co-accused Abhinav Gupta s/o Pravin Kumar Gupta, the then Secretary of the Trust was in touch with the applicant which establishes the involvement of the accused/applicant, but he does not dispute that Abhinav Gupta has been granted bail by the Hon'ble Supreme Court.
Considering the rival submissions of learned counsel for parties and going through the contents of the pleadings, as the evidence against the applicant is that he forwarded the application forms of the firm to the head quarter at Mumbai for empanelment and he was also in touch with Abhinav Gupta, but Abhinav Gupta has been granted bail by the Hon'ble Supreme Court and it is also undisputed that no any amount was transferred in the account of applicant, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Amit Prakash - be released on bail in the aforesaid case crime, on his furnishing personal bond of Rs.5 lakh and two reliable sureties of equal amount of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 10.6.2021 Amit/-