Allahabad High Court
Dr. Prem Prakash Verma vs Directorate Of Enforcement Lko. on 8 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:52599 Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 813 of 2023 Applicant :- Dr. Prem Prakash Verma Opposite Party :- Directorate Of Enforcement Lko. Counsel for Applicant :- Atul Krishna,Pranjal Jain,Purnendu Chakravarty Counsel for Opposite Party :- Rohit Tripathi Hon'ble Subhash Vidyarthi,J.
On 05.04.2023, after hearing learned counsel for the applicant and learned counsel. for the Directorate Of Enforcement this court had passed the following order:
"Heard Sri Purnendu Chakravarty, learned counsel for the applicant and Sri Rohit Tripathi, learned counsel for the Directorate of Enforcement.
The instant application has been filed by the applicant seeking anticipatory bail in Complaint Case No.1235/2021, ECIR: 13/PMLA/LKZO/2012, under Section 3/4 of Prevention of Money Laundering Act, 2002. The aforesaid complaint has been registered by Directorate of Enforcement against five persons including the applicant regarding certain purchases by the National Rural Health Scheme. The applicant was working as Chief Medical Officer, Meerut. The allegation against the applicant is that he was Head of the Committee which had awarded certain contract for supply of some medicines and it is alleged that medicines were purchased on exorbitant rates and some commission was paid for awarding the contract for purchase. It is alleged that a total amount of Rs.11,07,692/- is involved in the present case.
In the affidavit filed in support of application for anticipatory bail it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history, apart from the predicate office in which the applicant has already been grated bail by means of order dated 24.09.2014, passed by Hon'ble Supreme Court in S.L.P. Criminal No.4863 of 2014.
Learned counsel for the applicant has submitted that the co-accused Vijay Randhar who was supplier of the medicines has been granted interim protection by this Court vide order dated 08.12.2022, passed in Criminal Misc. Anticipatory Bail Application No.2061 of 2022. Another co-accused Mehar Singh, who was working as Office Superintendent has been granted anticipatory bail by this court by means of order dated 04.11.2022, passed in Criminal Misc. Anticipatory Bail Application No.1215 of 2022.
The matter requires consideration.
Let a counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a period of one week.
Having considered the aforesaid facts and circumstances of the case, I am of the view that the applicant is entitled to be granted interim anticipatory bail.
Therefore, it is directed that in the event of arrest/appearance of applicant-(Dr. Ram Prakash Verma) before the learned Trial Court till the next date of listing, he shall be released on interim anticipatory bail in the aforesaid case crime on his furnishing personal bail bond and two solvent sureties to the satisfaction of the learned Trial Court on the following conditions and subject to any other conditions that may be fixed by the Trial Court:-
(i). That the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(ii). That 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii). That the applicant shall not leave India without the previous permission of the court;
(iv). That the applicant shall not pressurize/ intimidate the prosecution witness;
List this case in the week commencing 22.05.2023. "
No counter affidavit has been filed till date although case was listed on two occasions.
Learned counsel for the Directorate Of Enforcement did not point out any violation of the conditions of interim anticipatory bail committed by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.
Sub-Section 5 of Section 438 of the Cr.P.C. mandates that the anticipatory bail application has to be decided by this Court within a period of 30 days from the date of filing of such an application.
In view of above, the interim order dated 05.04.2023 is made absolute and the anticipatory bail application is allowed.
Order Date :- 8.8.2023 prateek